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Navajo Nation v. DOI

The Ninth Circuit upheld a lower court's dismissal of a tribe's NEPA challenge to a DOI guidance that did not consider its interest when allocating the water rights of the Colorado River. The tribe contended that it was unlawfully...

San Buenaventura, City of v. United Water Conservation District

The California Supreme Court held that the charges a California city must pay to a local water district for groundwater conservation activities do not require voter or property owner approval. By statute, charges for pumping groundwater...

United States v. Robertson

The Ninth Circuit upheld the criminal conviction of a Montana resident for violations of the CWA. The resident was sentenced to 18 months in prison and had to pay a $130,000 fine for digging ponds and diverting a creek onto his land in...

The Water Works & Sewer Bd. of the Town of Centre v. 3M Co.

A district court held that a water pollution case against carpet manufacturers belonged in state court as complete diversity did not exist, rejecting the carpet manufacturers' claim of fraudulent joinder. A sewer board (Board) brought...

Water Wars: Solving Interstate Water Disputes Through Concurrent Federal Jurisdiction

As climate change shifts precipitation patterns, warms seasonal temperatures, and causes severe droughts, the value of and demand for water rises. Consequently, competition for water resources is likely to increase among the states and...

New Jersey Department of Environmental Protection v. Cheyenne Corp.

A New Jersey appellate court held that the state environmental agency properly ordered a theme park to decommission a well used for drinking water after it twice tested positive for E. coli. The well in question tested positive in...

Michigan Department of Envtl. Quality v. Flint, City of

A district court held that the city of Flint, Michigan, must choose a long-term water source and gave the city a week in which to do so. After the events of the Flint water crisis, EPA notified the city that it would need to make a...

The State of Compensatory Mitigation

Compensatory mitigation has been a rapidly growing industry among states, nonprofits, and the private sector ever since the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released their 2008...

Seneca Resources Corp. v. Highland Township

A district court held that a township's Home Rule Charter prohibiting deposition of any waste from oil and gas extraction within the township and invalidating any state permit to the contrary was preempted by the SDWA. In 2014, EPA...

Mays v. Flint, City of

The Sixth Circuit held that residents of Flint, Michigan, may pursue class claims against state actors in state court. In January 2016, several plaintiffs filed a class-action lawsuit in state court stemming from the Flint water crisis...

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