The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups argued that the EAs conducted by the U.S. Army Corps of Engineers (C...

The Texas Supreme Court upheld an appellate court decision prohibiting a city's efforts to ban the use of single-use plastic and paper bags. A retail association argued that an ordinance adopted in 2014 to reduce litter from the bags conflicted with the Texas Solid Waste Disposal Act. The appellate ...

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under the CWA to promulgate TMDLs for biologically impaired waters in...

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states demonstrated a likelihood of success on their claims that the rule was pr...

A district court granted South Carolina's motion to preliminarily enjoin DOE from terminating a mixed-oxide fuel fabrication facility project currently under construction until the case can be decided on its merits. The project is designed to turn weapons-grade plutonium into commercial reactor fuel...