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Water

Improving Water Quality and Ecosystem Health in California's Marine Managed Areas

California’s marine conservation regime is a model for the world, and includes a statewide network of marine protected areas and other marine managed areas (MMAs). But management authority remains distributed across multiple government...

Environmental Law Foundation v. State Water Resources Control Board

A California appellate court affirmed a trial court decision concerning application of the state's public trust doctrine to the state's extraction of groundwater in the Scott River watershed. Environmental groups argued that groundwater...

South Carolina Coastal Conservation League v. Pruitt

A district court ruled in favor of environmental groups' challenge EPA's rule suspending the 2015 Waters of the United States Rule (WOTUS Rule), and enjoined the suspension rule nationwide. The groups argued that the suspension rule...

Millennium Bulk Terminals-Longview, LLC v. State

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from...

Sierra Club v. State Water Control Board

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and...

Cooling Water Intake Structure Coalition v. United States Environmental Protection Agency

The Second Circuit denied environmental groups' and industry associations' petitions to review a final rule promulgated by EPA establishing requirements for cooling water intake structures (CWISs) at existing power plants and...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups...

The Judicial Contribution to Water Justice: The Australian Experience

The Brasilia Declaration of Judges on Water Justice, adopted at the eighth World Water Forum in Brasilia on March 21, 2018, recognizes that water justice involves environmental stewardship, intergenerational equity, sustainable...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Florida v. Georgia

The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, remanded a Special Master's recommendation that Florida's request for a cap...