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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...

Berry v. Chicago, City of

The Illinois Supreme Court dismissed a lawsuit concerning the city of Chicago's replacement of water meters and water main pipes as well as the partial replacement of lead service lines that run between water mains and residences throughout the city. City residents brought a negligence claim against...

United States v. Aboulsman

The Tenth Circuit held, 2-1, that a sovereign must affirmatively act to extinguish aboriginal water rights in a lawsuit concerning water rights of the Pueblos of Jemez, Santa Ana, and Zia in the Jemez River Basin in New Mexico. The district court had concluded that the Pueblos' water rights were ext...

U.S. Aquaculture’s Promise: Policy Pronouncements and Litigation Problems

On May 7, President Donald Trump issued Executive Order No. 13921, Promoting American Seafood Competitiveness and Economic Growth, stating that it is U.S. policy to “facilitate aquaculture projects through regulatory transparency and long-term strategic planning.” To further this policy, the Order directs the U.S. Army Corps of Engineers to create a nationwide permit for aquaculture operations, and tasks the National Oceanic and Atmospheric Administration with a variety of planning- and permit-related responsibilities.