A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution. States, tribes, and conservation groups sought to have the rule vacated, and EPA moved to remand without vacatu...

The Court of Federal Claims entered judgment for the U.S. government in a takings challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration channel in an effort to save a native fish species. The church argued the berm FWS installed upstr...

The Ninth Circuit remanded a summary judgment order in a challenge to EPA's approval of Montana's variance request from approved water quality standards adopted under the CWA. An environmental group argued the Agency's approval of the variance violated the APA. A district court granted partial vacat...

A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place upo...