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Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

Clean Water Action v. Pruitt

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for...

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via...

Environmental Law & Policy Center v. United States Environmental Protection Agency

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA...

Friends of the Santa Clara River v. United States Army Corps of Engineers

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development...

EQT Production Co. v. Department of Environmental Protection

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the...

Ecosystem Investment Partners v. Crosby Dredging, L.L.C.

The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers...

Ideker Farms, Inc. v. United States

In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the...

Texas v. New Mexico

The U.S. Supreme Court held that the United States may pursue claims against New Mexico for violating the Rio Grande Compact, which Colorado, New Mexico, and Texas entered into in the 1930s to resolve disputes over water rights. Texas...

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