A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on the parties' competing interpretations of a boilerplate condition of all of the company's NPDES permits that pr...
The Fifth Circuit reversed and remanded a lower court decision ordering EPA to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose after EPA denied environme...
The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose after a company sought to mine peat from wetland property owned by two affiliated companies in northwest...
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...