Iowa League of Cities v. Environmental Protection Agency
The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been no procedural impropriety because the letters should be conside...
Ohio Valley Environmental Coalition v. United States Army Corps of Engineers
A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in Boone County, West Virginia. The court previously issued a remand order requiring the Corps to: (1) re-is...
Sullivan v. Resisting Environmental Destruction on Indigenous Lands
The Alaska Supreme Court held that neither the Alaska Constitution nor the Alaska Land Act require the state's natural resources agency to issue a written best interest finding at each step of an oil and gas development project. The Act's best interest finding requirement is purely a creature of the...