The D.C. Circuit upheld a consent decree that established a schedule for EPA to initiate notice-and-comment rulemaking and make a formal decision whether to promulgate a new rule revising certain effluent limitations and effluent limitations guidelines under the CWA. Below, an association of energy ...
The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An environmental group challenged the permit, alleging that the cumulative-impa...
The D.C. Circuit reversed a lower court decision that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its mountaintop coal mine into two nearby streams. In its post-perm...
The Ninth Circuit, in an amended opinion, denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The permits require the drillship to comp...