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Water

Southwestern Electric Power Co. v. United States Environmental Protection Agency

The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups...

Lighthouse Resources Inc. v. Inslee

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company...

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer...

Clark Fork Coalition v. Montana Department of Natural Resources and Conservation

A state court reversed the Montana Department of Natural Resources and Conservation's approval of a water use permit for a proposed silver-copper mine in Montana's Cabinet Mountains. An environmental group argued that the Department...

Lighthouse Resources Inc. v. Inslee

A district court granted Washington's and environmental groups' motion for summary judgment in a challenge to the state's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the...

League of Conservation Voters v. Trump

A district court vacated a provision of President Trump's 2017 Executive Order that reopened Alaska's Beaufort and Chukchi seas and canyon areas in the Atlantic Ocean to oil and gas exploration. Environmental groups argued the president...

National Wildlife Federation v. Secretary of the Department of Transportation

A district court granted in part and denied in part an environmental group's motion for summary judgment in a challenge to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) approval of two spill response plans for...

Ohio v. United States Environmental Protection Agency

A district court denied Ohio's and Tennessee's motion to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. The states challenged the validity of the rule,...

Riverkeeper, Inc. v. Wheeler

A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the...

Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an...