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Water

Center for Environmental Law and Policy v. Washington

The Washington Supreme Court upheld the Department of Ecology's rule that set a summertime minimum instream flow rate for the Spokane River at 850 cubic feet per second (cfs). Environmental groups challenged the validity of the flow...

Ohio v. United States Environmental Protection Agency

The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and Tennessee challenged the validity of the...

Rosado v. Wheeler

A district court denied summary judgment for New York in a challenge to EPA's designation of the eastern Long Island Sound as an open-water dredge disposal site. New York argued EPA's determination that a new site was needed to service...

California v. Wheeler

A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the...

Colorado v. U.S. Environmental Protection Agency

A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the...

National Wildlife Federation v. Secretary of the United States Department of Transportation

The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil pipeline operator's response plans for...

Earth Island Institute v. Wheeler

A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is...

Jumping Through Hoopa: Complicating the Clean Water Act for the States

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are...

Compliance Models for Off-Grid Wastewater Treatment and Reuse

Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater...

Maui, Hawaii v. Hawaii Wildlife Fund

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged...

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