The Eleventh Circuit affirmed dismissal of a CWA citizen suit brought against a hotel owner for filling a nearby wetland. Environmental groups argued the hotel violated the CWA by failing to comply with Nationwide Permit 39 and failing to comply with Georgia's water quality certification. The hotel ...
The D.C. Circuit denied petitions to review EPA's 2024 rule establishing an allocation methodology for hydrofluorocarbon (HFC) allowances for years 2024 through 2028 under the Agency's cap-and-trade program. Refrigerant manufacturers argued Congress violated the nondelegation doctrine when it grante...
A district court denied summary judgment for environmental groups in a challenge to the Bureau of Reclamation's application of provisions of the Water Infrastructure Improvements for the Nation (WIIN) Act governing certain kinds of contracts for water delivery from the federal Central Valley Project...
The Ninth Circuit granted in part environmental groups' petition to review EPA's decision refusing to revise technology-based effluent limits, guidelines, and standards (ELGs) for certain industries previously promulgated under the CWA. The groups challenged EPA's decision refusing to revise ELGs fo...
A district court vacated its preliminary injunction in an environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge-and-fill permit for a dam expansion project in Colorado. It previously remanded with vacatur the Corps' record of decision, final EIS, and permit, enjoined f...
The Fifth Circuit dismissed environmental groups' petition to review an EPA rule granting Louisiana primary enforcement authority over Class VI underground carbon sequestration wells. The groups petitioned under the SDWA's review provision, and the state and its Department of Energy and Natural Reso...
A district court enjoined construction on a dam expansion project in Colorado in environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge and fill permit. The court previously held the Corps failed to comply with the CWA and NEPA when it issued the permit. The court subse...
The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that ...
A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, a...
The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...