The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal feeding operations (CAFOs) in Idaho. Environmental groups challenged the permit, arguing it lacked sufficient monitoring provisions to ensure compliance with its discharge limitations. The court found that t...
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP's) decision to issue an air permit for a natural gas compressor station in Weymouth, Massachusetts. Neighboring cities and individuals argued MDEP failed to follow its own established procedures by eliminatin...
A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the ability of states and Native American tribes to regulate water pollution. The states and groups moved to stay the order...
A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution. States, tribes, and conservation groups sought to have the rule vacated, and EPA moved to remand without vacatu...
In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for Biological Diversity and 350.org submitted a citizen petition calling on the U.S. Environmental Protection Agency to take steps necessary to institute a national ambient air quality standard (NAAQS) for greenhouse gas (GHG) emissions under §§108-110 of the Clean Air Act (CAA). For 12 years, the petition was simply ignored. Then, the day President Donald Trump left office, outgoing EPA Administrator Andrew Wheeler issued a letter denying the petition.
The Ninth Circuit remanded a summary judgment order in a challenge to EPA's approval of Montana's variance request from approved water quality standards adopted under the CWA. An environmental group argued the Agency's approval of the variance violated the APA. A district court granted partial vacat...
A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place upo...
The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge" requirements for production and land-application areas. The court...
The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally discharged pollutants into navigable waters, failed to monitor the discharge as required by its NPDES permit,...
A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project. Native American tribes and environmental groups challenged the decision, arguing the MPCA failed to consider alter...