The Third Circuit denied review of the Pennsylvania Department of Environmental Protection's decision to grant a CWA §401 certification for a natural gas pipeline project. Environmental groups argued that the department acted arbitrarily and capriciously by issuing a §401 certification that was im...

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from the State Environmental Policy Act (SEPA), and that the departme...

A district court ruled in favor of environmental groups' challenge EPA's rule suspending the 2015 Waters of the United States Rule (WOTUS Rule), and enjoined the suspension rule nationwide. The groups argued that the suspension rule violated the APA by refusing to solicit public comments on the meri...

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and capriciously in issuing the §401 certificate because the agencies didn'...

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a tolerance t...