The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule (CSAPR). States and environmental groups argued that EPA violated the CAA by failing to require upwind states to reduce their contribution of ozone precursors to downwind states in accordance with the deadline by which ...

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups argued the district court erred by placing the burden on them of pr...

The D.C. Circuit granted in part and denied in part a petition challenging EPA's update to the Cross-State Air Pollution Rule. Environmental groups and Delaware argued that EPA violated the CAA by failing to require upwind states to eliminate their significant contributions in accordance with the de...

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA by failing to prepare an adequate EIS before issuing the permit...

The Fifth Circuit upheld a 2017 EPA rule that postponed compliance dates mandated by the Agency's 2015 rule setting new effluent limitation guidelines for flue gas desulfurization wastewater and bottom ash transport water from steam electric power plants. Environmental groups argued the 2017 rule ef...

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group had a practical interest in the rule and that this interest was no...

The D.C. Circuit upheld EPA's implementation of its Renewable Fuel Standards Program, which requires transportation fuel sold in the United States to contain a minimum volume of renewable fuels. Some industry groups argued that EPA arbitrarily refused to revise its 2010 point of obligation rule that...

A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the CWA by extending the agencies' jurisdiction beyond the limits of the Act. The court determined that the ru...

A district court vacated TMDLs that were established by the District of Columbia for E. Coli bacteria in portions of the Anacostia and Potomac Rivers and approved by EPA in 2014. Environmental groups challenged EPA's approval, arguing the Agency failed to set true maximum daily loads of E. Coli disc...

The Oregon Supreme Court upheld the Department of Environmental Quality's issuance of a permit for the discharge of certain pollutants resulting from suction dredge mining. A mining association argued that because suction dredge mining did not add anything to navigable waters that was not already th...