A district court denied summary judgment in a challenge to EPA's approval of Maryland's 2018 water quality report, which reclassified 139 impairment listings based on TMDLs set by the Agency for the entire Chesapeake Bay. Environmental groups argued that EPA exceeded its authority under the CWA by a...
The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters.
A district court denied EPA's motion to dismiss a challenge to its denial of a petition to revise reporting requirements for asbestos under the Chemical Data Reporting Rule. Health and environmental groups challenged EPA's denial of their petition under TSCA and the APA, arguing that the petition wa...
The Ninth Circuit dismissed in part, granted in part, and denied in part petitions to review EPA's 2017 Risk Evaluation Rule, which established a process for evaluating the risks of chemical substances. Environmental and health groups argued the rule violated TSCA's requirement that EPA evaluate ris...
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...
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...