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Colorado v. U.S. Environmental Protection Agency
A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the Supreme Court's ruling in Rapanos v. United States foreclosed the appr...
California v. Wheeler
A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA. California argued that EPA and the Army Corps of Engineers...
National Wildlife Federation v. Secretary of the United States Department of Transportation
The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil pipeline operator's response plans for addressing the risk of a potential oil spill. A conservation group ...
West Virginia State University Board of Governors v. Dow Chemical Co.
A district court granted a university board of governors' motion to remand to state court a lawsuit concerning groundwater contamination beneath university land from a nearby facility. The board filed suit in state court, arguing that the facility released volatile and semivolatile organic compounds...
Earth Island Institute v. Wheeler
A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is dangerous because it continues to permit the use of chemical dispe...