State AG Database – Water Pollution

The following is a list of major actions undertaken by state attorneys general to protect water quality and ensure that water pollution laws are fully implemented and enforced:

• Lawsuits v. Federal Government

• Lawsuits v. Other Public Entities

• Lawsuits v. Private Actors

• Criminal Cases

• Other Interventions

Lawsuits v. Federal Government

Tenn. Dep’t of Env’t & Conservation v. Tenn. Valley Auth. (Davidson Cnty. Chancery Ct. 2015): Tennessee AG filed lawsuit against TVA alleging that coal ash pollution from a power plant was contaminating water sources.

Delaware Dept. of Natural Resources and Environmental Control v. U.S. Army Corps of Engineers (2010): Delaware and New Jersey brought action pursuant to the APA to challenge a decision made by the US Army Corps of Engineers to proceed with a dredging project to deepen the main navigation channel of the Delaware River without obtaining requisite approval pursuant to the CWA, CAA, CZMA, and Delaware code.

Lawsuits v. Other Public Entities

Flint Water Crisis Investigation (2016): Michigan AG launched investigation to determine criminal and civil liability for violations of state law that caused or contributed to the Flint Water Crisis.

Miami-Dade County Clean Water Act Settlement (2013): Florida AG and U.S. government reached settlement with County of Miami-Dade regarding violations of federal and state water pollution laws at three wastewater treatment plants.

Lawsuits v. Private Actors

Flint Water Crisis Investigation (2016): Michigan AG launched investigation to determine criminal and civil liability for violations of state law that caused or contributed to the Flint Water Crisis.

Settlement, Deepwater Horizon Lawsuit (2016): Multi-state consent degree settling civil claims between gulf states and BP for civil penalties and damages to natural resources.

Kalamazoo River Oil Spill (2015): Michigan AG pursued enforcement action against Enbridge Energy in response to their actions which caused over 1 million gallons of heavy crude oil to spill into the Kalamazoo River.

Pakootas v. Teck Cominco Metals, Ltd. (2006): Washington AG intervened and multiple states submitted Amicus Briefs in lawsuit filed by Native American tribe against Canadian smelting company for polluting the Columbia River and Lake Roosevelt.

Criminal Cases

Flint Water Crisis Investigation (2016): Michigan AG launched investigation to determine criminal and civil liability for violations of state law that caused or contributed to the Flint Water Crisis.

Criminal Investigation of the Refugio Oil Spill (2016): California AG indicted Plains All American Pipeline on criminal charges resulting from the Refugio Oil Spill.

Other Interventions

At-Home Drug Disposal Kits (2016): Connecticut AG partnered with other govt. and private entities to provide kits for safe disposal of prescription medication, one goal being to reduce water contamination.