A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the Supreme Court's ruling in Rapanos v. United States foreclosed the appr...
A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA. California argued that EPA and the Army Corps of Engineers...
The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil pipeline operator's response plans for addressing the risk of a potential oil spill. A conservation group ...
A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is dangerous because it continues to permit the use of chemical dispe...
A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental groups challenged the IM and lease sales, arguing that they violated ...
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.
The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement simpl...
A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company violated the CWA by failing to obtain an NPDES permit for its stormwater discharges after construction began...
A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in violation of the APA. EPA argued the exercise of its authority u...