A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in violation of the APA. EPA argued the exercise of its authority u...
The D.C. Circuit granted a petition to review EPA's 2017 rule revising its emission standard for hazardous air pollutants (HAPs) emitted from pulp mill combustion sources. Environmental groups argued that EPA was required under §112(d)(6) of the CAA to consider the adequacy of the standard to contr...
The D.C. Circuit affirmed dismissal of an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary d...
The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the site brought trespass, nuisance, and strict liability claims under ...
The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged into the Pacific Ocean meets this standard. Environmental groups ar...
Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater management systems, and as a result, face difficulty finding reliable sources of water for daily use. There is a great need to implement novel systems that can fill the gap, especially for isolated or “off-grid” communities.
A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters during construction of a light rail project, known as the Purple Line project, that would connect subur...
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...
The D.C. Circuit vacated a 2018 EPA rule that instituted a complete vacatur of its 2015 rule blocking the use of hydrofluorocarbons as replacements for ozone-depleting substances. An environmental group argued the 2018 rule was invalid because it was a legislative rule and was thus improperly promul...
The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental group ...