Clean Water Act

Stibnite Mine Clean Water Act Section 401 Certification

Stibnite Mine Clean Water Act Section 401 Certification

Case: Idaho Conservation League, Idaho Rivers United, Save the South Fork Salmon, and Earthworks v. Idaho Department of Environmental Quality

August 7, 2026 — Advocates for the West filed our opening brief in this matter challenging a Clean Water Act Section 401 water quality certification issued by the Idaho Department of Environmental Quality. In May 2026, we filed an amended appeal of a water pollution permit issued under Section 401 of the federal Clean Water […]

Grand View Feedlot Clean Water Act Enforcement

Grand View Feedlot Clean Water Act Enforcement

Case: Snake River Waterkeeper v. J.R. Simplot Company and Simplot Livestock

June 24, 2024 — A federal judge issued a memorandum decision and order denying Simplot’s motion to dismiss the case. Simplot filed a motion to dismiss the case in July 2023, arguing that Snake River Waterkeeper (SRW), our client-partner in the case, “failed to describe exactly where, when, and how such alleged illicit discharges occur” […]

Galena Mine Clean Water Act Enforcement

Galena Mine Clean Water Act Enforcement

Case: Idaho Conservation League v. U.S. Silver

March 30, 2023 — Representing the Idaho Conservation League (ICL), Advocates for the West filed a Clean Water Act (CWA) citizen enforcement suit against mining company U.S. Silver for unlawful discharges of arsenic, lead, and other pollutants at the Galena Complex Mine in north Idaho. The pollution into the South Fork Coeur d’Alene River and […]

Suction Dredge Clean Water Act Enforcement

Suction Dredge Clean Water Act Enforcement

Case: Idaho Conservation League v. Shannon Poe

July 2, 2024 — The U.S. Supreme Court rejected a petition to review prior federal court rulings that found Shannon Poe in violation of the Clean Water Act when he dumped suction dredge mining waste into Idaho’s South Fork of the Clearwater River without a required pollution permit, requiring him to pay a $150,000 fine, […]

Perpetua Resources (formerly Midas Gold) Clean Water Act Violations

Perpetua Resources (formerly Midas Gold) Clean Water Act Violations

Case: Nez Perce Tribe v. Perpetua Resources, Corp., et al.

October 2, 2023 — The Court approved settlement of the Stibnite Clean Water Act lawsuit with Nez Perce Tribe recovering $4 million for water quality improvement in the South Fork Salmon River and $1 million in attorney fees and litigation costs. August 8, 2023 — Mining company Perpetua Resources (formerly Midas Gold) will pay the […]

Hells Canyon Complex Water Quality

Hells Canyon Complex Water Quality

Case: Nez Perce Tribe v. Oregon Department of Environmental Quality, Petition for Judicial Review

August 31, 2021 – The Nez Perce Tribe reached a settlement agreement with the state of Oregon resolving a case that Advocates for the West filed—along with the Tribe’s Office of Legal Counsel—challenging the state of Oregon’s Clean Water Act section 401 water quality certification for the relicensing of the Hells Canyon Complex. The Hells Canyon Complex, owned […]

Idaho Clean Water Act Permitting

Idaho Clean Water Act Permitting

Case: Idaho Conservation League v. U.S. Environmental Protection Agency and Andrew Wheeler

September 10, 2020 – After a six-month wait since oral argument, the 9th Circuit ruled on Advocates for the West’s challenge to the EPA’s approval of the Idaho NPDES Program. The opinion rules that we were victorious on the mens rea issue with the court holding that states must have a criminal negligence standard that […]

Devil’s Corral Water Rights

Devil’s Corral Water Rights

Case: In the Matter of Application for Permit

January 23, 2020 — Facing mounting pressure in our water right protest, the development company Devil’s Corral backed down and asked to withdraw its old 1980s water right application. On January 23, 2020, the Idaho Department of Water Resources dismissed the application, ending Devil’s Corral’s attempts to circumvent Idaho water law and avoid public involvement. Devils […]

ITD Motor Waste Wells

ITD Motor Waste Wells

Case: Idaho Conservation League v. Brian Ness, Jerry Whitehead, R. James Coleman, Janice Vasser, Dwight Horsch, and Lee Gagner

June 6, 2018 — In response to our Safe Drinking Water Act lawsuit, the Idaho Transportation Department (ITD) recently closed all 70 motor vehicle waste disposal wells at its vehicle and maintenance buildings around the state. Under Safe Drinking Water Act regulations, all motor vehicle waste disposal wells in Idaho were supposed to be closed […]

Triumph Mine Arsenic Pollution

Triumph Mine Arsenic Pollution

Case: Idaho Conservation League v. David Groeschl, and John Tippets

November 27, 2018— After reaching a settlement agreement with the agencies in October, the Court reviewed and approved our settlement. Under the agreement, the Idaho Department of Environmental Quality and Idaho Department of Lands have applied to EPA for a Clean Water Act permit and must regularly monitor ground and surface water quality at the […]