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Water

United States v. Walker River Irrigation District

The Ninth Circuit affirmed in part and vacated in part a district court's dismissal of a county's complaint in long-standing litigation over appropriation of water in the Walker River Basin. The county argued the public interest and...

Texas v. New Mexico

The U.S. Supreme Court denied, 8-0, Texas' motion to review a river master's final determination in a long-running dispute over how Texas and New Mexico share water. Texas challenged the river master's determination that New Mexico was...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route....

Montana Environmental Information Center v. Montana Department of Environmental Quality

The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and silver mine in the Cabinet Mountains....

San Francisco Baykeeper v. U.S. Environmental Protection Agency

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency argued that the CWA did not apply to the complex...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit. A conservation group and the state of Washington argued that the owners had violated the terms of their permit by...

United States v. Aboulsman

The Tenth Circuit held, 2-1, that a sovereign must affirmatively act to extinguish aboriginal water rights in a lawsuit concerning water rights of the Pueblos of Jemez, Santa Ana, and Zia in the Jemez River Basin in New Mexico. The...

Berry v. Chicago, City of

The Illinois Supreme Court dismissed a lawsuit concerning the city of Chicago's replacement of water meters and water main pipes as well as the partial replacement of lead service lines that run between water mains and residences...

Natural Resources Defense Council, Inc. v. Environmental Protection Agency

A district court denied a motion to reconsider its 2018 ruling that gave EPA discretion as to how to establish a new TMDL for trash in the Anacostia River. An environmental group argued that little progress had been made since the 2018...

Mineral County v. Lyon County

The Nevada Supreme Court held that the public trust doctrine did not permit reallocation of water rights already adjudicated and settled under the doctrine of prior appropriation in a lawsuit concerning established water rights for a...