National Ass'n of Home Builders v. Environmental Protection Agency
The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court previously held in a si...
Resource Investments, Inc. v. United States
The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of ...
In re Deepwater Horizon
The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on individual claims. The district court had approved final rules governing discre...
El Comité Para el Bienestar de Earlimart v. U.S. Environmental Protection Agency
The Ninth Circuit denied community groups' petition for review challenging EPA's approval of revisions to California's SIP concerning air emissions from pesticides, known as the "pesticide element." The revisions related to the reduction of volatile organic compounds in the San Joaquin and Ventura a...