Clean Water Act

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In 2004, Coeur Alaska sought a permit from the Army Corps of Engineers ("Army Corps") to open the Kensington Gold Mine in southeast Alaska. See Southeast Alaska Conservation Council v. Army Corps of Engineers, 486 F. 3d 638, 641 (9th Cir. 2007). Coeur...

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In 1972, Congress passed 33 U.S.C. § 1251, or the Clean Water Act (“CWA” or “Act”), to preserve the “Nation’s waters” by prohibiting the “discharge of any pollutant” unless certain requirements in the Act are met. Hawai'i Wildlife Fund v. Maui (...

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The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without a National Pollutant Discharge Elimination System (“NPDES”) permit. The Act defines a “point source” as “any...

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Industry diverts billions of gallons of water a day into water-intake coolant systems in order to cool industrial equipment and also to generate power. See Riverkeeper, Inc. v. EPA, 358 F.3d 174, 181 (2d. Cir. 2004). Though this water is returned to...

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After rainstorms, unabsorbed stormwater that flows over urban areas collects pollution, ultimately carrying it into rivers and oceans. Natural Res. Def. Council, Inc. v. County of Los Angeles (“NRDC”), 673 F.3d 880, 883-84 (9th Cir. 2011). Under the...

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Appealed from: Sixth Circuit Court of Appeals

Oral argument: February 21, 2006

private property rights, environmental protection, wetlands, clean water act, hydrological connection...
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Petitioner S.D. Warren Company (“Warren”), a subsidiary of South African Pulp and Paper, owns and operates five hydroelectric dam projects on the Presumpscot River in Cumberland County, Maine. S.D. Warren Company v. Maine Board of Environmental...

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Hawkes Co., Inc., is a mining company that excavates peat from wetland areas in Minnesota. Hawkes wanted to expand its operations to wetlands near its current operations. See Hawkes v. United States Army of Eng’rs, 782 F.3d 994, 998 (8th Cir. 2015)....