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Friends of the Capital Crescent Trail v. United States Army Corps of Engineers
In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted the permit without considering alternatives other than the optio...
Rio Hondo Land & Cattle Co., L.P. v. United States Environmental Protection Agency
The Tenth Circuit denied a company's petition to review an Environmental Appeals Board (EAB) decision denying its petition to review a 2017 permit issued by EPA to an upstream wastewater treatment plant. In its petition, the company argued the permit constituted backsliding under the CWA, particular...
Navajo Nation v. U.S. Department of the Interior
The Ninth Circuit reversed a district court's dismissal of a Native American tribe's breach of trust claim in a lawsuit concerning water rights to the Colorado River. The tribe initially sued DOI, arguing the Department violated NEPA and breached its trust obligations based on its management of the ...
The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.
The First Circuit affirmed in part and reversed in part a ruling in a CWA citizen suit brought against developers of a construction site in Worcester, Massachusetts. An environmental group argued that one developer violated the CWA by failing to obtain a general construction permit, and that both de...