A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment was entered in the case. But the court found the potential harm f...

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the notice-and-comment requirements under the APA because the rulemak...

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company argued that the Department violated the Commerce Clause by denying t...

The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups argued that the Agency arbitrarily set the ELGs using an older, l...