A Minnesota appeals court held that the state Department of Natural Resources (DNR) erred by not obtaining a federal permit for a construction project that affected a lake's water level. Hoffman Lake and West McDonald Lake are separated by a strip of land less than 10 feet wide. In 2015, a Hoff...

A district court held that the approval of a mining project in Montana violated NEPA, the CWA, and the National Forest Management Act. A mining company submitted a plan to the Forest Service and the Montana Department of Environmental Quality (DEQ) to extract copper and silver from an ore vein that ...

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...

A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...