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…
The Nevada Supreme Court held, 4-3, that the state's top water official had authority to approve a groundwater management plan (GMP) that deviated from the doctrine of prior appropriation for…
The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval…
The Tenth Circuit reversed a district court's denial of a motion to dismiss a CWA citizen suit concerning the release of contaminated water from an inactive gold mine in Colorado. Nearby…