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Friends of the Capital Crescent Trail v. United States Army Corps of Engineers

In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted...

Rio Hondo Land & Cattle Co., L.P. v. United States Environmental Protection Agency

The Tenth Circuit denied a company's petition to review an Environmental Appeals Board (EAB) decision denying its petition to review a 2017 permit issued by EPA to an upstream wastewater treatment plant. In its petition, the company...

Navajo Nation v. U.S. Department of the Interior

The Ninth Circuit reversed a district court's dismissal of a Native American tribe's breach of trust claim in a lawsuit concerning water rights to the Colorado River. The tribe initially sued DOI, arguing the Department violated NEPA...

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.

The First Circuit affirmed in part and reversed in part a ruling in a CWA citizen suit brought against developers of a construction site in Worcester, Massachusetts. An environmental group argued that one developer violated the CWA by...

Functional Equivalency? Assessing Groundwater Discharges Under County of Maui

The U.S. Supreme Court issued its ruling in County of Maui v. Hawaii Wildlife Fund on April 23, 2020. Until then, there was a split among the circuit courts as to whether discharges to navigable waters through groundwater...

Florida v. Georgia

The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, agreed unanimously with a special master's latest recommendation on remand...

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA...

National Audubon Society v. United States Army Corps of Engineers

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina. An environmental group challenged the...

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality...

Cottonwood Environmental Law Center v. Edwards

A district court denied a motion for preliminary injunction in a lawsuit concerning irrigation of a golf course in Big Sky, Montana. Environmental groups argued a Montana water district over-irrigated the course, resulting in nitrogen...

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