The court upholds a district court decision dismissing school districts and parents' action against the Washington state treasurer and superintendent of education to stop the state from reducing the school districts' state-mandated aid by the amount of federal forest funds it receives. Under 16 U.S....

The Third Circuit vacated a lower court decision dismissing, on grounds of abstention, environmental groups' RCRA and CWA citizens suit in which they sought an injunction requiring the current and prior owners of a contaminated site to remediate contaminated sediments in the Raritan River. The group...

Maryland's highest court held that an environmental group has standing to challenge the state environmental agency's issuance of a nontidal wetlands permit for a development project. The permit allows a town to construct a road extension and stream crossing in order to provide primary access into th...

A district court held that EPA's Multi-Criteria Integrated Resource (MCIR) Assessment and Enhanced Coordination (EC) Process, adopted to screen mountaintop mining permits, violates the CWA and the APA. The MCIR Assessment involves EPA applying the CWA §404(b)(1) guidelines and directing the Corps o...

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...