The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...

A district court granted in part and denied in part summary judgment for environmental groups in a CWA/SMCRA citizen suit concerning the discharge of pollutants from surface coal mines in West Virginia. The groups argued a coal mining company violated the CWA by discharging mining pollutants at Rush...

A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...

A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argu...

A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a grazing project in the Apache-Sitgreaves and Gila National Forests. The groups argued the Service violated NEPA by failing to take a "hard look" at impacts on Mexican gray w...

The D.C. Circuit denied the state of Utah's motion to stay EPA's 2023 "good neighbor" rule, which aims to ensure that 23 states meet the CAA's good neighbor requirements by reducing ozone-forming emissions of nitrogen oxides from power plants and industrial facilities that contribute to compliance i...

A district court granted summary judgment for several bus companies in a CAA citizen suit alleging that the companies excessively idled their buses in violation of Massachusetts and Connecticut law. The companies moved for summary judgment, asserting the group lacked standing. The court found the co...

The Tenth Circuit, 2-1, granted in part an environmental group's challenge to EPA's approval of a Colorado SIP revision certifying that the state's existing, EPA-approved nonattainment new source review permitting program for the Denver Metro-North Front Range area met the requirements for attaining...

The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...

The Fifth Circuit denied environmental groups' petition to review the Army Corps of Engineers' issuance of a CWA permit for a proposed liquefied natural gas production and export terminal on the Calcasieu River in Louisiana. The groups argued the Corps failed to adequately consider a particular alte...