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Water

League of Conservation Voters v. Trump

A district court vacated a provision of President Trump's 2017 Executive Order that reopened Alaska's Beaufort and Chukchi seas and canyon areas in the Atlantic Ocean to oil and gas exploration. Environmental groups argued the president...

National Wildlife Federation v. Secretary of the Department of Transportation

A district court granted in part and denied in part an environmental group's motion for summary judgment in a challenge to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) approval of two spill response plans for...

Ohio v. United States Environmental Protection Agency

A district court denied Ohio's and Tennessee's motion to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. The states challenged the validity of the rule,...

Riverkeeper, Inc. v. Wheeler

A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the...

Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an...

National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western...

The Use of PFAS at Industrial and Military Facilities: Technical, Regulatory, and Legal Issues

Contamination of drinking water by per- and polyfluoroalkyl substances (PFAS) has garnered much attention in recent years. PFAS include perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), and PFAS exposures and risks can...

Butler v. Louisiana Department of Natural Resources

A state appellate court reversed a judgment against a coastal use permit issued by Louisiana's Department of Natural Resources for construction of an oil pipeline. The Department argued that the lower court erred in not deferring to the...

Hoopa Valley Tribe v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged FERC's determination that California and...

Ten Years of the Compensatory Mitigation Rule: Reflections on Progress and Opportunities

In 2008, the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) overhauled federal policy governing how impacts to wetlands, streams, and other aquatic resources authorized under §404 of the...