Water

The Fourth Circuit denied a petition to review the Virginia Department of Environmental Quality's (DEQ's) and the State Water Control Board's approval of a state water permit for a…

A district court granted Texas' and Idaho's motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the…

A district court granted in part an environmental group's motion for summary judgment in a challenge to NMFS' 2021 permit authorizing the incidental taking of ESA-listed humpback whales…

The Ninth Circuit reversed a district court's order granting voluntary remand and vacating EPA's 2020 CWA Section 401 Certification Rule. States, environmental groups, and tribes…

A district court adopted a magistrate judge's recommendation to deny summary judgment for an environmental group in a lawsuit concerning the Army Corps of Engineers' issuance of a CWA §…

The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of…

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam…

A district court denied a state prison's motion for partial summary judgment in a CWA citizen suit brought by a California county. The prison argued the county did not have statutory standing…

The New Mexico Supreme Court overturned regulations promulgated by the State Game Commission in 2017 that outlined a process for landowners to obtain a certificate allowing them to close public…

The Ninth Circuit vacated FERC orders that held the California Water Resources Control Board had waived its authority to ensure certain hydroelectric projects complied with state water quality…