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Water

Salmon and the Clean Water Act: An Unfinished Agenda

Salmon require cool temperatures to migrate and reproduce. The Clean Water Act (CWA) requires states to develop and implement water quality standards sufficient to produce fishable waters. Nearly a half-century after its 1972 enactment...

United States v. Walker River Irrigation District

The Ninth Circuit affirmed in part and vacated in part a district court's dismissal of a county's complaint in long-standing litigation over appropriation of water in the Walker River Basin. The county argued the public interest and...

Texas v. New Mexico

The U.S. Supreme Court denied, 8-0, Texas' motion to review a river master's final determination in a long-running dispute over how Texas and New Mexico share water. Texas challenged the river master's determination that New Mexico was...

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route....

Montana Environmental Information Center v. Montana Department of Environmental Quality

The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and silver mine in the Cabinet Mountains....

San Francisco Baykeeper v. U.S. Environmental Protection Agency

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency argued that the CWA did not apply to the complex...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit. A conservation group and the state of Washington argued that the owners had violated the terms of their permit by...

U.S. Aquaculture’s Promise: Policy Pronouncements and Litigation Problems

On May 7, President Donald Trump issued Executive Order No. 13921, Promoting American Seafood Competitiveness and Economic Growth, stating that it is U.S. policy to “facilitate aquaculture projects through regulatory transparency and...

United States v. Aboulsman

The Tenth Circuit held, 2-1, that a sovereign must affirmatively act to extinguish aboriginal water rights in a lawsuit concerning water rights of the Pueblos of Jemez, Santa Ana, and Zia in the Jemez River Basin in New Mexico. The...

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