The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them to remove fill and restore the property to its natural state. The appellate court concluded that EPA rea...
The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modificati...
A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals...
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 Commission argued the Corps' refusal to comply with its conditions abou...
A Minnesota appellate court remanded a challenge to the Minnesota Pollution Control Agency's (MPCA's) grant of an air emissions permit for a proposed copper-nickel mine in northern Minnesota. Environmental groups argued the MPCA improperly issued the permit because the company receiving it did not i...
A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule., full_html...
A district court granted partial summary judgment for environmental groups in a CWA citizen suit concerning water quality standards for mercury in Idaho. The groups argued that EPA's failure to promptly publish and promulgate mercury standards after disapproving Idaho's revision of those standards v...
A district court granted summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater reclamation facility near the Pacific Ocean. The groups argued the county violated the CWA by failing to obtain an NPDES permit f...
The D.C. Circuit granted in part environmental groups' petition to review EPA's 2019 rule setting annual renewable fuel volume levels under the Renewable Fuel Standard (RFS) program. The groups argued that EPA's "aggregate compliance approach" for determining whether biofuel qualifies as renewable f...
The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin Pollutant Discharge Elimination System (WPDES) permit it reissued to ...