A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution. States, tribes, and conservation groups sought to have the rule vacated, and EPA moved to remand without vacatu...

The Ninth Circuit remanded a summary judgment order in a challenge to EPA's approval of Montana's variance request from approved water quality standards adopted under the CWA. An environmental group argued the Agency's approval of the variance violated the APA. A district court granted partial vacat...

A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place upo...

The Ninth Circuit, 2-1, vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its water distribution system. ...