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In an unpublished opinion, the Sixth Circuit granted environmental groups' motion to stay CWA permits issued for construction of a proposed pipeline in Tennessee.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...
Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.
The D.C. Circuit denied environmental groups' petitions to review NRC's denial of their requests to intervene in licensing proceedings for construction and operation of a spent nuclear fuel storage facility in New Mexico. An energy company had applied for a license to construct and operate the facil...