The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing arbitrary or capricious about the Corps’ determination that p...

A district court preliminarily enjoined BLM from implementing its 2019 amendments to plans for oil and gas permitting and licensing on greater sage-grouse habitat in seven states. Environmental groups argued that the six EISs that BLM issued to amend the plans violated NEPA by failing to consider re...

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump Administration's repeal and eventual replacement of the rule, and therefor...