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Analyzing the Consequences of Sackett v. EPA

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.

Center for Biological Diversity v. U.S. Forest Service

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...

Garfield County, Utah v. Biden

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...

Natural Resources Defense Council, Inc. v. U.S. Fish and Wildlife Service

A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to ...

Center for Biological Diversity v. Haaland

A district court granted in part and denied in part FWS' motion to dismiss a challenge to the alleged failure to preserve gray wolves. An environmental group argued the Service violated §4(f) of the ESA because it never developed or implemented a single recovery plan for the 44-state listing of all...

Arizona v. Environmental Protection Agency

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...

the Denial of Contested Case Hearing Requests and Issuance of National Pollutant Discharge Elimination System / State Disposal System Permit No. MN0071013 for the Proposed NorthMet Project St. Louis County Hoyt Lakes and Babbitt Minnesota

The Minnesota Supreme Court affirmed in part and reversed in part an appellate court ruling in a challenge to the Minnesota Pollution Control Agency's (MPCA's) decision to issue an NPDES permit for a proposed mine and processing plant to extract copper, nickel, and precious metals in northeastern Mi...

Wilderness Watch v. United States Fish & Wildlife Service

A district court granted environmental groups' motion for a preliminary injunction in a challenge to FWS' decision to install a permanent pipeline for Arctic grayling in Red Rock Lakes Wilderness in southwestern Montana. The groups argued the decision violated the Wilderness Act by ignoring the Act'...