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...

A district court held that EPA has no mandatory or nondiscretionary duty to make a determination as to whether lead emissions from general aviation aircraft engines using aviation gasoline endanger the public health or welfare under CAA §231(a)(2)(A). A finding that emissions cause or contribute to...

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following construction. The preconstruction projection determines whether the project constitutes a “major modification” and t...