Water

A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes…

A district court, on motions for summary judgment, held that the owner of a farm violated the CWA when he allowed wetlands on his property to be tilled. The record shows that the farm discharged a…

The Vermont Supreme Court affirmed a lower court decision dismissing as untimely the state's claims against a number of companies for generalized injury to state waters due to groundwater…

The Texas Supreme Court held that the common-law "accommodation doctrine," which gives an oil-and-gas lessee an implied right to use the land as reasonably necessary to produce and…

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for…

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and…

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of…

A district court held it lacks subject matter jurisdiction over a class action lawsuit that stems from the water contamination crisis in Flint, Michigan. The plaintiffs alleged that the city…

The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision dismissing fishermen's NEPA claims against the Bureau of Reclamation in connection…

A district court dismissed a lawsuit brought by individual miners and various mining groups, associations, and businesses challenging an Oregon law that temporarily bans instream motorized mining…