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Water

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA...

National Audubon Society v. United States Army Corps of Engineers

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina. An environmental group challenged the...

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality...

Cottonwood Environmental Law Center v. Edwards

A district court denied a motion for preliminary injunction in a lawsuit concerning irrigation of a golf course in Big Sky, Montana. Environmental groups argued a Montana water district over-irrigated the course, resulting in nitrogen...

Massachusetts Lobstermen's Ass'n v. Raimondo

The U.S. Supreme Court denied certiorari in a lawsuit concerning President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts National Marine Monument off the New England coast. Commercial fishing groups had...

Hawkins v. Haaland

The D.C. Circuit affirmed dismissal of a lawsuit concerning reserved water rights in the Klamath River Basin. Ranchers sued to prevent Native American tribes from exercising reserved water rights in the basin that interfered with the...

Mountain Valley Pipeline LLC v. North Carolina Department of Environmental Quality

The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for construction of a natural gas pipeline. The company argued the...

Petition of Assateague Coastal Trust

A state court reversed the Maryland Department of the Environment's (MDE's) decision to reissue an NPDES general permit for animal feeding operations without limitations on the discharge of gaseous ammonia. An environmental group argued...

Colorado v. U.S. Environmental Protection Agency

The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies...

How the Trump Administration Eased Destruction of the Nation's Wetlands and Streams

On June 22, 2020, the Navigable Waters Protection Rule (NWPR), the most significant rollback of the jurisdictional scope of the Clean Water Act (CWA) since its passage almost 50 years ago, went into effect. Supported by the American...