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Lubbock, Texas v. Coyote Lake Ranch, LLC

A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's property. The city owns the groundwater rights under the landowner's property, and in 2012 it proposed a well ...

Hughes v. Treadwell

The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed. Despite mining associations' arguments to the contrary, the "Bristol B...

Cook Inletkeeper v. United States Army Corps of Engineers

A district court upheld a U.S. Army Corps of Engineers permit issued under CWA §404 for a railroad extension project in an area surrounded by wetlands. Two functional assessments were prepared for the project. An environmental group argued that the second functional assessment, which was performed ...

Kunaknana v. United States Army Corps of Engineers

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...

Hawai'i Wildlife Fund v. County of Maui

A district court held that a Hawaiian county illegally discharged wastewater into the ocean through groundwater injection wells in violation of the CWA. An environmental group sued the county, seeking to compel it to apply for and comply with the terms of an NPDES permit, and to pay civil penalties ...

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies argued that the court could not rule in the groups' favor becaus...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States if ...

Coal River Energy, LLC v. Jewell

The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they produce by mining. The regulation requires mine operators to pay the reclamation fee when the coal is ult...

Ohio Valley Environmental Coalition v. Consol of Kentucky

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it had already entered into a consent decree with the state enviro...