A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall outside the agency's authority to regulate fisheries under the Magnus...

A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York. The groups argued that the Bureau of Ocean Energy Management (BOEM) violated NEPA when it issued a lease to the company by improperly segmenting the ana...

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its unlined coal ash ponds into groundwater that is hydrologically conne...

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding groundwater, which in turn contaminated a nearby lake, in violation ...

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly stating that the Clean Water Rule was enjoined in Iowa following t...

The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's landfill and settling ponds qualified as point sources from which ars...

The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company argued that CERCLA did not allow the tribe to recover its costs of es...

A district court granted in part 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 duties ...

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources attempting to determine how the U.S. Army Corps of Engineers wi...