The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally…
The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing…
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…
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…
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to…
A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated…
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"…
A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean…
A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor…
A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as…