The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An environmental group challenged the permit, alleging that the cumulative-impa...

The D.C. Circuit reversed a lower court decision that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its mountaintop coal mine into two nearby streams. In its post-perm...

A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and...

A California court held that San Diego County's climate action plan violates the California Environmental Quality Act (CEQA) and must be set aside. The plan should have been the subject of a supplemental environmental impact report (EIR) under CEQA instead of an addendum to the county's existing Pro...