A district court dismissed an environmental group's APA lawsuit against EPA challenging 40 C.F.R. §124.55(b), which pertains to state certification of discharge permits issued by the Agency under the CWA. Specifically, the group challenged the portion of §124.55(b) that prohibits EPA from modifyin...

The Ninth Circuit reversed a lower court decision dismissing a Japanese whaling research organization's piracy claims against an environmental activist group. The researchers hunt whales in the Southern Ocean pursuant to a permit issued under the International Convention for the Regulation of Whalin...

The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds. First, they argued that the Corps made "a material factual error" and "misapprehended" the baseline con...