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Save the Colorado v. Semonite

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...

National Wildlife Federation v. Lohr

A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court ...

Texas v. New Mexico

The U.S. Supreme Court, 5-4, denied two states' motion to enter into a consent decree in a lawsuit concerning a 1938 interstate agreement that apportions the waters of the Rio Grande River among Colorado, New Mexico, and Texas. Texas initially sued Colorado and New Mexico, arguing excessive groundwa...

Pakootas v. Teck Cominco Metals, Ltd.

A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...

Hill v. United States Department of the Interior

A district court granted DOI's motion to dismiss a lawsuit concerning tribal water rights on the Crow Reservation in Montana. Tribal members who hold property on the reservation challenged the 2010 Crow Tribe Water Rights Settlement Act (Settlement Act), which provided benefits to the tribe in excha...

Center for Biological Diversity v. U.S. Department of the Interior

The Tenth Circuit affirmed denial of conservation groups' claims in a lawsuit concerning the Bureau of Reclamation's decision to sign a water contract allowing the state of Utah to draw from reservoir releases rather than the Green River and its tributaries. The groups argued the Bureau violated NEP...

MRP Properties Co., LLC v. United States

The Sixth Circuit reversed a district court ruling in a lawsuit concerning 12 oil refinery sites that operated during World War II. The current owner of the refineries sought contribution from the U.S. government for environmental contamination discovered at the sites, arguing the government's produ...

Arizona v. Navajo Nation

The U.S. Supreme Court held, 5-4, that an 1868 peace treaty between the Navajo Nation and the United States establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the reservation, but did not require the U.S. government to take affirmative steps to secure water for...

Klamath Irrigation District

The Ninth Circuit, 2-1, denied a municipal irrigation district's request to compel a district court to remand to state court its motion for preliminary injunction in a suit concerning water allocation in the Klamath Basin. The district initially sought to stop the Bureau of Reclamation from releasin...

South Carolina v. United States Army Corps of Engineers

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...