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…
The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical…
The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to…
A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas…
A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United…
The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose…
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer…
The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains…
A district court held that the U.S. Army Corps of Engineers could exercise jurisdiction under the CWA over wetlands contained in a developer's proposed residential site. The developer had…
A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat. The Corps issued its…