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Dredge and fill, §404

Walther v. United States

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad...

Sierra Club, Inc. v. St. Johns River Water Management District

A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

A district court upheld the U.S. Army Corps of Engineers' decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. Despite environmental groups' arguments to...

Environmental Protection Agency

The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule. The court held that the petitioning...

Sierra Club v. United States Army Corps of Engineers

The D.C. Circuit upheld the dismissal of an environmental group's NEPA and CWA claims against the U.S. government in connection with a 593-mile oil pipeline that runs from Illinois to Oklahoma on both public and private lands. Despite...

North Dakota v. U.S. Environmental Protection Agency

A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United...

North Dakota v. U.S. Environmental Protection Agency

A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New...

Murray Energy Corp. v. United States Environmental Protection Agency

A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. The agencies filed a motion to stay the case based...

Sierra Club v. Bostick

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 Oklahoma to Texas under the general permit. The...

Hawkes Co. v. United States Army Corps of Engineers

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 after a company sought to mine peat from...