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Petition of Assateague Coastal Trust
A state court reversed the Maryland Department of the Environment's (MDE's) decision to reissue an NPDES general permit for animal feeding operations without limitations on the discharge of gaseous ammonia. An environmental group argued the permit was deficient under both the CWA and state law becau...
Mountain Valley Pipeline LLC v. North Carolina Department of Environmental Quality
The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for construction of a natural gas pipeline. The company argued the denial was arbitrary and capricious because NCDEQ did not compl...
Colorado v. U.S. Environmental Protection Agency
The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies violated the APA because the NWPR was not in accordance with the law,...
Salmon and the Clean Water Act: An Unfinished Agenda
Salmon require cool temperatures to migrate and reproduce. The Clean Water Act (CWA) requires states to develop and implement water quality standards sufficient to produce fishable waters. Nearly a half-century after its 1972 enactment, the modern federal statute’s goal of fishable waters has yet to be achieved in the case of salmon streams.