Lighthouse Resources Inc. v. Inslee
A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company argued that the Department violated the Commerce Clause by denying t...
Southwestern Electric Power Co. v. United States Environmental Protection Agency
The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups argued that the Agency arbitrarily set the ELGs using an older, l...
California v. United States Department of the Interior
A district court granted California's and New Mexico's motion for summary judgment in an APA challenge to DOI's repeal of the Valuation Rule and its restoration of prior regulations governing payment of royalties on oil, gas, and coal extracted pursuant to leases of federal and Indian lands. The cou...