A district court issued a permanent injunction ordering the state of Washington to repair or replace culverts under state-owned roads that that block fish passage to and from inland waters. The court agreed with Native American tribes' claim that the state has a treaty-based duty to preserve fish ru...

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been no procedural impropriety because the letters should be conside...