The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of shrimpers and fishermen argued the permit violated the CWA by failing to show that the approved project wa...

The Fourth Circuit affirmed dismissal of a challenge to CEQ's 2020 final rule that affected how federal agencies conduct reviews under NEPA. Environmental groups filed suit shortly after the rule was promulgated and several weeks before it took effect, bringing nine APA claims and one allegation tha...

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam's operator in 2018 with conditions. The operator challenged the certification, and the parties reached ...

A district court vacated in part the Forest Service's 2017 record of decision (ROD) that closed approximately 196,000 acres of recommended wilderness areas in Clearwater National Forest to motorized vehicles and eliminated motorized use on 38 miles of existing trails. An environmental group had chal...

A district court ordered a pipeline company and Native American tribe to submit a joint proposal on how to prevent a "catastrophic rupture" of a crude oil and natural gas pipeline running through the tribe's reservation in northern Wisconsin. The tribe initially brought public nuisance and trespass ...

A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's d...

A district court denied a state prison's motion for partial summary judgment in a CWA citizen suit brought by a California county. The prison argued the county did not have statutory standing to sue under the CWA because the Act's definition of "citizen" did not include counties. The court concluded...

The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs...