The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose permit requirements for cutting trees on protected wetlands, are not preempted by the Federal Aviatio...

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...

The Ninth Circuit held that a timber company has standing to challenge EPA's decision to retain the Redwood Creek in Northern California as an impaired water body under CWA §303(d). The company has suffered a reduction in the economic value of its property in the Redwood Creek watershed, and the co...

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C. District Court for consolidation with another case filed by a mining industry trad...

The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct). The EPAct added §216 to the Federal Power Act, requiring DOE to prepare the conges...

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately ...