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Navigable Waters

California v. Wheeler

A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the...

Colorado v. U.S. Environmental Protection Agency

A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the...

Puget Soundkeeper Alliance v. Wheeler

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...

Oklahoma v. United States Environmental Protection Agency

A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment...

Texas v. United States Environmental Protection Agency

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the...

Texas v. United States Environmental Protection Agency

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources...

Friends of Thayer Lake LLC v. Brown

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the...

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...

Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Environmental Protection Agency

In a 100+ page opinion, a district court vacated EPA's water transfers rule, which excludes water transfers that convey or connect "waters of the United States without subjecting the transferred water to intervening industrial,...

National Ass'n of Home Builders v. United States Environmental Protection Agency

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA....