The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known...

The Ninth Circuit, 2-1, reversed summary judgment for the Forest Service in a challenge to its approval of a mineral exploration project on land in Inyo National Forest. Environmental groups argued the Service violated NEPA by combining two categorical exclusions (CEs) when neither alone could be in...