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Permit issuance

Menominee Indian Tribe of Wisconsin v. Environmental Protection Agency

The Seventh Circuit affirmed dismissal of a challenge to the Michigan Department of Environmental Quality's approval of a CWA §404 permit for a proposed mine along the Menominee River. A Native American tribe argued that EPA and the...

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404 permits. In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that government agencies must show a...

Kunaknana v. United States Army Corps of Engineers

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The...

Huron Mountain Club v. United States Army Corps of Engineers

The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in Marquette, Michigan, and to compel the U.S. Army...

National Mining Ass'n v. Jackson

A district court held that EPA's Multi-Criteria Integrated Resource (MCIR) Assessment and Enhanced Coordination (EC) Process, adopted to screen mountaintop mining permits, violates the CWA and the APA. The MCIR Assessment involves EPA...