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Water

Environmental Defense Center v. Bureau of Ocean Energy Management

A district court granted in part and denied in part environmental groups' motion for summary judgment relating to a proposal to permit hydraulic fracturing operations off the coast of California. The groups argued that the Bureau of...

Natural Resource Damages, Mitigation Banking, and the Watershed Approach

This Article examines potential opportunities for state and tribal natural resource trustees to integrate restoration and compensation for natural resource damages with other ecological restoration programs and coordinating with...

Center for Biological Diversity v. Wheeler

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants....

Columbia Riverkeeper v. Pruitt

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An...

Practicable Alternatives for Wetlands Development Under the Clean Water Act

Section 404(b) of the Clean Water Act authorizes a “practicable alternatives” requirement for dredge and fill permits. EPA has adopted guidelines that set out and interpret that requirement, but the U.S. Army Corps of Engineers has...

Fisheries Survival Fund v. Jewell

A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York. The groups argued that the Bureau of Ocean Energy Management (BOEM) violated NEPA when...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...

Tennessee Clean Water Network v. Tennessee Valley Authority

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its...

North Dakota v. U.S. Environmental Protection Agency

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly...