California v. United States Environmental Protection Agency
A district court granted in part summary judgment against EPA for failure to implement its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states argued that the Agency failed to implement and enforce the guidelines by (1) failing to approve or disapprove exi...
Clark Fork Coalition v. Montana Department of Natural Resources and Conservation
A state court reversed the Montana Department of Natural Resources and Conservation's approval of a water use permit for a proposed silver-copper mine in Montana's Cabinet Mountains. An environmental group argued that the Department ignored data in the mining company's permit application indicating ...
Lighthouse Resources Inc. v. Inslee
A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company argued that the Department violated the Commerce Clause by denying t...
Environmental Defense Center v. Bureau of Ocean Energy Management
A district court denied an offshore drilling platform operator's motion to reconsider the court's previous ruling that barred the Bureau of Ocean Energy Management (BOEM) from issuing offshore drilling permits until it conducted further environmental review. Conservation groups had argued that BOEM'...
Southwestern Electric Power Co. v. United States Environmental Protection Agency
The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups argued that the Agency arbitrarily set the ELGs using an older, l...
New York v. Environmental Protection Agency
The D.C. Circuit denied downwind states' petition challenging EPA's refusal to expand the Northeast Ozone Transport Region, which consists of states required by the Agency to enact tight restrictions on pollutants that contribute to ozone that drifts across state lines. The downwind states argued th...