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Sierra Club v. United States Army Corps of Engineers
The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route. Environmental groups argued the verification was unlawful because the Corps ...
Montana Environmental Information Center v. Montana Department of Environmental Quality
The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and silver mine in the Cabinet Mountains. Environmental groups argued, among other things, that MDEQ unlawfully ...
Ohio Valley Environmental Coalition v. Caperton
A district court denied a motion to dismiss a challenge to the West Virginia Department of Environmental Protection's failure to notify the Office of Surface Mining Reclamation and Enforcement (OSMRE) of a significant change to the state's special reclamation fund. Environmental groups argued that t...
Earthworks v. U.S. Department of the Interior
A district court denied environmental groups' motion for summary judgment in a challenge to two mining-related rules issued by BLM. The groups argued that the 2008 Mining Claim Rule violated the General Mining Law and FLPMA by improperly restricting the application of FLPMA's fair market-value manda...
Wyoming v. United States Department of the Interior
A district court struck down BLM's 2016 rule promulgating new regulations to reduce natural gas waste during oil and gas production activities on federal land and Indian leases. States argued that the rule exceeded BLM's statutory authority and was otherwise arbitrary and capricious. The court found...
Okanogan Highlands Alliance v. Crown Resources Corp.
A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit. A conservation group and the state of Washington argued that the owners had violated the terms of their permit by discharging pollutants in excess of average monthly effluent limit...
San Francisco Baykeeper v. U.S. Environmental Protection Agency
A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency argued that the CWA did not apply to the complex because it was converted to salt ponds prior to the Act's passage...