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Western Watersheds Project v. Bernhardt

A district court vacated grazing permits renewed by former Interior Secretary Ryan Zinke in response to a presidential pardon of a ranching company's prior criminal convictions. Environmental groups argued that Secretary's decision violated the APA and BLM regulations because it did not include the ...

Indigenous Environmental Network v. President Donald J. Trump

A district court denied a motion to dismiss a challenge to President Trump's issuance of a permit authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the permit's unilateral authorization of the pipeline conflicted with Cong...

American Waterways Operators v. Wheeler

A district court denied motions to remand and vacate EPA's decision to allow a no-discharge zone in Puget Sound. A tugboat, towboat, and barge industry group argued that EPA erred in determining that adequate pump-out facilities were reasonably available without considering the compliance costs for ...

Public Citizen, Inc. v. Trump

A district court denied public interest groups' motion for partial summary judgment in challenging an executive order that requires federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they had associational standing based on injuries that two of their membe...

Columbia Riverkeeper v. Wheeler

The Ninth Circuit affirmed judgment for environmental groups in a CWA challenge to compel EPA to develop and issue long-overdue temperature TMDLs for the Columbia and Snake Rivers. The groups argued that inaction by Oregon and Washington to issue TMDLs for the two rivers amounted to a "constructive ...

The Case for a Legislated Market in Minimum Recycled Content for Plastics

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled.

Reissuance of an NPDES/SDS Permit to U.S. Steel Corp.

A state appellate court reversed the Minnesota Pollution Control Agency's decision to reissue a NPDES permit for an iron ore mine in northeast Minnesota. An environmental group and Indian band challenged the decision, arguing that the agency erred in its interpretation of the CWA and that the permit...