The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged into the Pacific Ocean meets this standard. Environmental groups ar...

A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters during construction of a light rail project, known as the Purple Line project, that would connect subur...

A district court upheld DOI's renewal of two mineral leases that had previously been rejected for a copper-nickel mine in Superior National Forest. Businesses and environmental groups argued that DOI's authority to reconsider its decision to renew was limited to ministerial or inadvertent errors, an...

A district court dismissed constitutional challenges to Colorado's forced pooling statute, under which property owners were required to allow oil and gas companies to extract their minerals. A group of property owners argued the statute violated the First Amendment by requiring non-consenting owners...

A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an existing residential subdivision in Virginia Beach. The group argued the issuance was arbitrary and capricious...

In a partially published opinion, a state appellate court set aside Kern County's approval of an ordinance amendment proposed by oil and gas industry groups to streamline the permitting process for new oil and gas wells. Environmental groups, community groups, and a local farm argued that the enviro...