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United States v. Walker River Irrigation District
The Ninth Circuit affirmed in part and vacated in part a district court's dismissal of a county's complaint in long-standing litigation over appropriation of water in the Walker River Basin. The county argued the public interest and maintenance of the public trust required that water flows reach Wal...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...
Salmon and the Clean Water Act: An Unfinished Agenda
Salmon require cool temperatures to migrate and reproduce. The Clean Water Act (CWA) requires states to develop and implement water quality standards sufficient to produce fishable waters. Nearly a half-century after its 1972 enactment, the modern federal statute’s goal of fishable waters has yet to be achieved in the case of salmon streams.