Mrosek v. City of Peachtree City
In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform maintenance and repairs on a stream, pond, and dam located partially on their property. The city is a small municipal separat...
Desert Protective Council v. U.S. Department of the Interior
The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale wind project in California's Sonoran Desert. BLM sufficiently evaluated and disclosed the environmental impacts of the wind energy facility project under NEPA. Envi...
In re Methyl Tertiary Butyl Ether Products Liability Litigation
A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...
Sierra Club, Inc. v. St. Johns River Water Management District
A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over claims that the defendants have taken actions to use and develop t...
Walther v. United States
A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad project. The owner claimed that despite the fact that his miti...