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Florida Wildlife Federation v. McCarthy
A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard. States retain discretion to enact and to enforce—without EPA’s review and approval...
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters, would have no more than minimal environmental effects under NEPA an...
Rodriguez v. Secretary of Pennsylvania Department of Environment
The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's ability to obtain information about the mixture of chemical fluids used during hydraulic fracturing when treating patients ...
Sierra Club v. McLerran
A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law in determining that a "Regional Toxics Task Force" was a suitable alternative. Environmental groups fil...
Precon Development Corp. v. United States Army Corps of Engineers
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The developer wanted to fill 4.8 acres of wetlands in order to build 10 homes. The wetlands are loca...
Bass Energy v. City of Broadview Heights
An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to protect the public health and general welfare. But the ban is in...
Center for Sustainable Economy v. Jewell
The D.C. Circuit upheld DOI's five-year plan for oil and gas leases on the outer continental shelf (OCS). A nonprofit group argued that the 2012-2017 leasing schedule violated §18(a) of the Outer Continental Shelf Lands Act, which governs how DOI is to balance competing economic, social, and enviro...