A district court granted summary judgment for a conservation group in a challenge to the Natural Resource Conservation Service's (NRCS') 2020 rule regarding certification of maps delineating wetlands. The group argued NRCS changed its policy regarding pre-1996 wetland certifications without exercisi...
A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...
A district court granted in part environmental groups' motion for summary judgment in a challenge to various agency actions relating to EPA's approval of the state of Florida's application to assume permitting authority under §404 of the CWA. The groups argued EPA and FWS violated the ESA because n...
A district court granted DOE's motion to dismiss a lawsuit over the social and economic impacts of storing spent nuclear fuel at Idaho National Laboratory (INL). Butte County argued DOE should have determined the social and economic impacts of storing the materials at INL because they were there pur...
A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...
The Fifth Circuit, 2-1, denied petitions to review EPA's 2016 designation of two counties in Texas as nonattainment for the 2010 sulfur dioxide NAAQS. The state of Texas and the owner of a power plant located in one of the counties sought to have the designation vacated, arguing it violated the CAA ...
The Fourth Circuit, 2-1, granted West Virginia's motion to stay EPA's disapproval of its SIP addressing "good neighbor" obligations under the revised 2015 air quality standards for ozone. EPA's disapproval found the state would still contribute significantly to nonattainment or interfere with mainte...
The Tenth Circuit reversed a district court finding of a CWA violation in a citizen suit brought against the operator of a gold mine in Colorado. Plaintiffs argued the operator violated the CWA because seepage from the mine's settling ponds flowed into the groundwater and then migrated to the Middle...
The Fifth Circuit vacated a district court ruling in a decades-long dispute over whether a property in Louisiana contains federally regulated wetlands. The property owner sued the Army Corps of Engineers, arguing its determination that the property contained federal regulated wetlands was arbitrary ...
Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems—some caused by the Bureau’s many dams.