The Sixth Circuit granted the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. A district court had denied the motions, concluding plaintiffs lacked...

The D.C. Circuit vacated EPA's withdrawal of its determination to regulate perchlorate in drinking water. An environmental group argued EPA lacked the authority to withdraw the determination under the SDWA, and that even if it did have such authority, it acted arbitrarily and capriciously in doing s...

The U.S. Supreme Court, in a splintered 5-4 decision, affirmed dismissal of a constitutional challenge to a California law that forbids in-state sale of pork meat from breeding pigs that are "confined in a cruel manner." Out-of-state pork producers challenged the law on dormant Commerce Clause groun...

The Fifth Circuit, 2-1, affirmed a district court ruling that denied the Sabine River Authority (SRA)-Louisiana's motion to dismiss a lawsuit concerning its release of water from a reservoir on the Sabine River between Texas and Louisiana. Property owners in both states argued that SRA-Louisiana and...

The Fourth Circuit, 2-1, vacated a district court ruling in a lawsuit concerning the Army Corps of Engineers' plan for maintaining a dam on the Savannah River. The state of South Carolina argued the Corps' plan violated the Water Infrastructure Improvements for the Nation (WIIN) Act because it would...

A district court granted 24 states' motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states argued the rule violated the APA, the Commerce Clause, the Tenth Amendment, the Due Process Clause, a...

The Hawaii Supreme Court affirmed the Public Utility Commission's (PUC's) decision denying an energy company's request to supply energy to Hawaii Island using a biomass power plant. The company appealed, arguing the PUC misunderstood its mandate and held it to an unfair standard. The court disagreed...

A district court granted Texas' and Idaho's motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states sought to enjoin the rule within their borders, arguing it was unconstitutional and violated ...

A district court denied for lack of jurisdiction the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The court found that plaintiffs failed to show...