The Tenth Circuit held the U.S. Army Corps of Engineers did not violate NEPA, the CWA, or nationwide permit (NWP) 12 when it allowed an energy company to build a 485-mile oil pipeline from…
The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz…
A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on…
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 Fifth Circuit reversed and remanded a lower court decision ordering EPA to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the…
A district court, on remand from the First Circuit, dismissed environmental groups' CWA claim against the operators of four hydroelectric dams along the Kennebec River. The groups alleged…
A Maryland appellate court affirmed a lower court decision remanding a stormwater management permit that the state's environmental agency issued to a county. The permit did not fall short for…
The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged…
A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage…
A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law…