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Navigable Waters

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....

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...

Adirondack League Club, Inc. v. Sierra Club

The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers on the South Branch of the Moose River...