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Clean Water Act Rulemaking

A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the ability of states and Native American tribes to regulate water pollution. The states and groups moved to stay the order...

Alaska v. United States Department of Agriculture

The D.C. Circuit dismissed as moot Alaska's challenge to the Forest Service's 2001 Roadless Rule. The challenge centered on the Roadless Rule's impact on the Tongass National Forest, which the USDA exempted from the rule in 2020, but the state argued it should be allowed to proceed because the exemp...

Mississippi v. Tennessee

The U.S. Supreme Court dismissed a lawsuit brought by Mississippi against Tennessee seeking damages for a Tennessee city's pumping of groundwater from the Middle Claiborne Aquifer. Mississippi argued that the pumping siphoned water away from Mississippi and amounted to a tortious taking of groundwat...