The U.S. Supreme Court held, 5-4, that the CWA does not authorize EPA to include "end-result" provisions in NPDES permits, in a lawsuit concerning the Agency's issuance of a renewal permit for the city of San Francisco that added two such requirements. The city petitioned for review, arguing the req...
The D.C. Circuit vacated certain requirements under an EPA rule concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by the Agency under TSCA. Trade groups challenged the rule, arguing it allowed for unlawful discl...
A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental groups concerning fluorination. The groups sought to compel EPA to prohibit the company's fluorination practices, which produced per- and polyfluoroalkyl substances (PFAS), a class of carcinogenic chemicals...
In an unpublished opinion, the Sixth Circuit affirmed a district court's order remanding to state court a lawsuit concerning a Michigan airport's use of aqueous film-forming foam (AFFF). Michigan's attorney general (AG) and Department of Environment, Great Lakes, and Energy sued in state court, argu...
A district court denied in part and dismissed in part environmental groups' motion for summary judgment in a lawsuit concerning the use of seeds treated with pesticides. The groups petitioned EPA to subject treated seeds to FIFRA, arguing the Agency could not exempt them from a separate registration...
A district court granted summary judgment for an environmental group in a lawsuit alleging that an equestrian center was unlawfully discharging pollutants into waters of the United States. The group argued the center discharged wastewater into adjacent waters without an NPDES permit, which it was re...
A district court vacated the Army Corps of Engineers' permit approvals under the CWA and the Rivers and Harbors Act (RHA) for development of a new port along the Delaware River. Three upriver ports challenged the Corps' decisionmaking process under the APA. The court found the Corps did not engage i...
A district court held that the Army Corps of Engineers violated the CWA and NEPA by issuing a dredge-and-fill permit to a municipal water utility to allow a dam expansion project in Denver. Environmental groups argued the Corps violated the CWA by excluding alternatives as impracticable based on an ...
In an unpublished opinion, the Sixth Circuit granted environmental groups' motion to stay CWA permits issued for construction of a proposed pipeline in Tennessee. The groups argued the Tennessee Department of Environment and Conservation (TDEC) and the Army Corps of Engineers violated the CWA by fai...
A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court ...