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North Dakota v. U.S. Environmental Protection Agency
A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule only extends to the 13 plaintiff states that challenged it. The court found significant prudential reasons to limit the scope of the preli...
Montana Environmental Information Center v. United States Bureau of Land Management
The Ninth Circuit vacated and remanded a lower court decision that environmental groups lacked standing to challenge BLM's decision to sell oil and gas leases in Montana. Below, the groups claimed BLM failed to adequately consider climate change, global warming, and greenhouse gases in violation of ...
United States v. Lipar
A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme Court's opinion in Rapanos v. United States, 547 U.S. 715, 36 ELR 20...
American Fuels & Petrochemical Manufacturers Ass'n v. Corey
A district court largely dismissed claims challenging California's Low Carbon Fuel Standard, a collection of regulations promulgated by the California Air Resources Board to implement provisions of California Assembly Bill 32, the Global Warming Solutions Act of 2006. In September 2013, the Ninth Ci...
ONRC Action v. United States Bureau of Reclamation
The Ninth Circuit held that the U.S. Bureau of Reclamation did not violate the CWA by discharging pollutants into the Klamath River without a permit in connection with its management of an irrigation project along the California-Oregon border. The Klamath Straits Drain, part of the Klamath Irrigatio...
Murray Energy Corp. v. United States Environmental Protection Agency
A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. The agencies filed a motion to stay the case based, in part, on their position that exclusive jurisdiction to hear...
North Dakota v. U.S. Environmental Protection Agency
A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming—challenged the...