A district court denied native tribes' request for injunctive relief to stop the Dakota Access oil pipeline planned to run under Lake Oahe, due to laches and their unlikelihood of success on the merits. The federal government granted easements to an oil company to build a pipeline through the native...

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...