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…
A district court denied summary judgment for New York in a challenge to EPA's designation of the eastern Long Island Sound as an open-water dredge disposal site. New York argued EPA's…
A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the…
A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States…
The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil…
A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination.…
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…
A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued…
A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company…
A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters…