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Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups argued that the Corps improperly incorporated the state's condit...

Atlantic Coast Pipeline, LLC v. Winstead

A district court temporarily stayed proceedings in which a pipeline developer sought access to a North Carolina farm for construction of the Atlantic Coast Pipeline. The landowner sought to stay the pipeline developer's attempt to acquire eminent domain rights to his property to allow pending challe...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the United States." Environmental groups argued that EPA and the U.S...

United States v. California

A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first refusal on transfers of federal public lands, runs afoul of the doct...

Center for Biological Diversity v. Wheeler

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants. Environmental groups argued that the amendment violated the ESA and NEP...

Western Watersheds Project v. Michael

A district court ruled unconstitutional two Wyoming statutes that impose criminal and civil penalties for data collection on private land or public land accessed via private land. Environmental groups argued that the statutes violated the Free Speech Clause of the First Amendment. The court found th...