The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose permit requirements for cutting trees on protected wetlands, are not preempted by the Federal Aviatio...
A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...
The Ninth Circuit held that a timber company has standing to challenge EPA's decision to retain the Redwood Creek in Northern California as an impaired water body under CWA §303(d). The company has suffered a reduction in the economic value of its property in the Redwood Creek watershed, and the co...
A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C. District Court for consolidation with another case filed by a mining industry trad...
A California court issued a tentative ruling that would require the California Air Resources Board to set aside its "functional equivalent document" that evaluates the environmental consequences of its climate change scoping plan and to enjoin implementation of the scoping plan until the age...
The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately ...
A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with the companies, the defendants argued that the groups' CWA claim...