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Water

Idaho Conservation League v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit granted in part and denied in part an environmental group's petition to review EPA's approval of the Idaho Pollution Discharge Elimination System (IPDES). Specifically, the court denied the...

Center for Environmental Law and Policy v. Washington

The Washington Supreme Court upheld the Department of Ecology's rule that set a summertime minimum instream-flow rate for the Spokane River at 850 cubic feet per second (cfs). Environmental groups challenged the validity of the flow...

Ohio v. United States Environmental Protection Agency

The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and Tennessee challenged the validity of the...

Rosado v. Wheeler

A district court denied summary judgment for New York in a challenge to EPA's designation of the eastern Long Island Sound as an open-water dredge disposal site. New York argued EPA's determination that a new site was needed to service...

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...

National Wildlife Federation v. Secretary of the United States Department of Transportation

The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil pipeline operator's response plans for...

Earth Island Institute v. Wheeler

A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is...

Maui, Hawaii v. Hawaii Wildlife Fund

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged...

Bristol Bay Economic Development Corp. v. Hladick

A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in...