An inmate at the New Hanover County Detention Facility claims that he is being forced to drink contaminated water while awaiting trial. According to news reports, 27-year-old Damian Gore has filed a federal lawsuit alleging that the water being provided ...

Tagged with: Clean Water Act

There must be something in the water in Cary. Though if there is, it was impossible to tell when Christopher Miller, 41, was on duty. Miller was employed by the Town of Cary as a state-certified water system technician. In ...

Tagged with: Cary Clean Water Act

Ohio Valley Environmental Coalition Inc. v. U.S. Army Corps of Engineers The 4th Circuit affirms issuance of a water quality permit under the Clean Water Act to Highland Mining Company, on the basis that a proposed surface coal mine adjacent to a stream in Logan County would not damage water quality or violate water quality standards.

Tagged with: Clean Water Act

A North Carolina hog farm operator has been ordered to pay $1.5 million in fines and restitution for violations of the federal Clean Water Act.

Tagged with: Clean Water Act

Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.

Tagged with: Administrative Clean Water Act Environmental Licenses & Permits

United States v. Freedman Farms, Inc. In unusual situations, Justice Scalia's definition of "waters of the United States," as set out in the plurality opinion of Rapanos v. United States, 547 U.S. 715 (2006), would give the government authority over bodies of water that would not fall within Justice Kennedy's definition, set out in his concurring opinion. However, Justice Kennedy's definition generally would be less restrictive of government authority (i.e., "narrower" within the meaning of Marks v. United States, 430 U.S. 188 (1977)).

Tagged with: Clean Water Act Jury Instructions

Friends of the Earth Inc. v. Gaston Copper Recycling Corp. (Lawyers Weekly No. 11-01-0052, 27 pp.) (Keenan, J.) No. 06-1714, Jan. 5, 2010; USDC at Columbia, S.C. (Perry, J.) 4th Cir. Click here for the full text of the opinion. ...

Tagged with: Clean Water Act Environmental Law standing

West Virginia Highlands Conservancy Inc. v. Huffman. (Lawyers Weekly No. 10-01-1078, 17 pp.) (Wilkinson, J.) No. 09-1474, Nov. 8, 2010; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Click here for the full text of the opinion. Holding: A West ...

Tagged with: Clean Water Act Environmental Law