A district court held that environmental groups lacked standing in their challenge to EPA's exclusion of certain waste treatment systems from the definition of navigable waters under the CWA. The groups argued that they had representational standing to challenge the exclusion, relying on declaration...
A district court upheld EPA's interpretation that the CWA does not regulate discharges into groundwater that is hydrologically connected to navigable waters in a lawsuit concerning a wastewater treatment facility on Cape Cod. An environmental group argued that the facility was discharging pollutants...
A district court denied summary judgment in a challenge to EPA's approval of Maryland's 2018 water quality report, which reclassified 139 impairment listings based on TMDLs set by the Agency for the entire Chesapeake Bay. Environmental groups argued that EPA exceeded its authority under the CWA by a...
The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters.
A district court denied a neighborhood group's request to temporarily block bison hunting near Yellowstone National Park. The group argued that NPS and USDA violated NEPA when they authorized an annual bison hunt at a location on the edge of the park called Beattie Gulch, and sought a temporary rest...
The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing arbitrary or capricious about the Corps’ determination that p...
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump Administration's repeal and eventual replacement of the rule, and therefor...