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Colorado v. U.S. Environmental Protection Agency
The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies violated the APA because the NWPR was not in accordance with the law,...
Clark Fork Coalition v. Montana Department of Natural Resources and Conservation
The Montana Supreme Court reversed, 5-2, a lower court decision reversing the Montana Department of Natural Resources and Conservation's (DNRC's) issuance of a beneficial water use permit for a proposed silver and copper mine beneath the Cabinet Mountains Wilderness. The mining company and DNRC appe...
United States v. State Water Resources Control Board
The Ninth Circuit reversed a district court order staying state law claims in a lawsuit concerning the California Water Resources Board's amendments to its water quality control plan for the San Francisco Bay and Sacramento-San Joaquin Delta system. The U.S. government brought the suit, arguing the ...