A district court granted in part and denied in part summary judgment for environmental groups in a CWA/SMCRA citizen suit concerning the discharge of pollutants from surface coal mines in West Virginia. The groups argued a coal mining company violated the CWA by discharging mining pollutants at Rush...
A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...
A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argu...
A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a grazing project in the Apache-Sitgreaves and Gila National Forests. The groups argued the Service violated NEPA by failing to take a "hard look" at impacts on Mexican gray w...
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence. This Comment delves into both of these issues, providing some background on the unique and long-running controversy that was at the heart of Sackett, and parsing the four opinions from the case.
The Fifth Circuit denied environmental groups' petition to review the Army Corps of Engineers' issuance of a CWA permit for a proposed liquefied natural gas production and export terminal on the Calcasieu River in Louisiana. The groups argued the Corps failed to adequately consider a particular alte...
The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...
A district court dismissed a challenge to President Biden's redesignation of the Bears Ears and Grand Staircase-Escalante National Monuments. The state of Utah and two counties argued the president exceeded his authority under the Antiquities Act by enlarging the two monuments via proclamations, and...
The D.C. Circuit dismissed five states' petition to review EPA's extension of a compliance deadline for a revised national drinking water regulation, which in turn extended the deadline for states to enforce conforming regulations to their own. The states argued the extension would cause their resid...