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Water

CWA In-Lieu Fee Mitigation: Project and Programmatic Risks

In 2008, after prompting by the U.S. Congress, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) issued a regulation governing compensatory mitigation under the Clean Water Act (CWA). The...

Oklahoma v. United States Environmental Protection Agency

A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment...

Texas v. United States Environmental Protection Agency

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the...

Modernizing Management of Offshore Oil and Gas in Federal Waters

Offshore drilling has been thrust back into the spotlight by the Trump Administration’s focus on “energy dominance.” While it is unlikely that leasing will take place in all areas included in the Administration’s proposed plan, its...

Environmental Defense Center v. Bureau of Ocean Energy Management

A district court denied an offshore drilling platform operator's motion to reconsider the court's previous ruling that barred the Bureau of Ocean Energy Management (BOEM) from issuing offshore drilling permits until it conducted further...

Southwestern Electric Power Co. v. United States Environmental Protection Agency

The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups...

Lighthouse Resources Inc. v. Inslee

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company...

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer...

Clark Fork Coalition v. Montana Department of Natural Resources and Conservation

A state court reversed the Montana Department of Natural Resources and Conservation's approval of a water use permit for a proposed silver-copper mine in Montana's Cabinet Mountains. An environmental group argued that the Department...

Lighthouse Resources Inc. v. Inslee

A district court granted Washington's and environmental groups' motion for summary judgment in a challenge to the state's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the...

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