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Clean Water Act (CWA)

86 FR 51155

ELR Federal Agency Update

San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers

ELR Case

The Ninth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' proposed plans for dredging the San Francisco Bay's navigation channels. The San Francisco Bay Conservation and Development...

Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency

ELR Case

The Ninth Circuit affirmed dismissal of a lawsuit concerning guidance issued by EPA recommending a statistical method for assessing water toxicity. Trade groups argued the Agency violated the APA and the CWA in issuing the guidance. A...

S. 914

ELR Congressional Update

Red Lake Band of Chippewa Indians v. United States Army Corps of Engineers

ELR Case

A district court denied a motion to preliminarily enjoin construction of a replacement for the Enbridge Line 3 oil pipeline. Native American tribes and environmental groups challenged the Army Corps of Engineers' issuance of a permit...

Sierra Club v. United States Army Corps of Engineers

ELR Case

A district court denied a motion to preliminarily enjoin construction of a power transmission line through the Western Maine Mountains. Environmental groups challenged the Army Corps of Engineers' decision to issue a CWA/Rivers and...

Columbia Riverkeeper v. United States Army Corp of Engineers

ELR Case

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Army Corps of Engineers' approval of permits for a methanol plant in southwestern Washington. The groups argued...

Optimus Steel, LLC v. U.S. Army Corps of Engineers

ELR Case

A district court denied a steel mill owner's motion to preliminarily enjoin construction of a gas pipeline in Texas. The owner argued that the Army Corps of Engineers authorized the construction in violation of the CWA, the ESA, and...

Conservation Law Foundation, Inc. v. Shell Oil Products US

ELR Case

A district court granted in part and denied in part an oil company's motion to dismiss a climate change adaptation lawsuit brought against it. An environmental group brought a citizen enforcement action under the CWA and RCRA,...