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Center for Regulatory Reasonableness v. EPA
The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...
Ohio Valley Envtl. Coalition, Inc. v McCarthy
A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...
The Impact of Climate Change on American and Canadian Indigenous Peoples and Their Water Resources
Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities.
Planning for the Effects of Climate Change on Natural Resources
Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining to climate change adaptation should be incorporated into existing planning processes, yet this topic is still treated as an afterthought in many planning documents. Only a few federal agencies have published guidance on how managers should consider climate change impacts and their management implications.
NRDC v. McCarthy
A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...
Catskill Mountains Chapter of Trout Unlimited v. EPA
The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA. Several environmental groups brought suit against the Agency, arguing that water transfers can&nb...
Gulf Restoration Network v. McCarthy
A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose after EPA denied environmental groups' petition to make such a...