PFAS exposure is emerging as a disability that veterans want covered by the U.S. Department of Veterans Affairs (VA). With claims relating to environmental exposure, it is often difficult to prove the disability is a result of service and not something else. However, there is another way to get service-connected disability coverage as a veteran: presumption of service connection.
A district court enjoined construction on a dam expansion project in Colorado in environmental groups' challenge to the Army Corps of Engineers' issuance of a dredge and fill permit. The court previously held the Corps failed to comply with the CWA and NEPA when it issued the permit. The court subse...
The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that ...
The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...
The Fourth Circuit vacated two district court decisions in lawsuits concerning a chemical manufacturer's role in allegedly contaminating Maryland's and South Carolina's waterways by using per- and polyfluoroalkyl substances (PFAS) in its products. The two states sued in state court, each filing two ...
The U.S. Supreme Court held, 5-4, that the CWA does not authorize EPA to include "end-result" provisions in NPDES permits, in a lawsuit concerning the Agency's issuance of a renewal permit for the city of San Francisco that added two such requirements. The city petitioned for review, arguing the req...