American Waterways Operators v. Wheeler
A district court denied motions to remand and vacate EPA's decision to allow a no-discharge zone in Puget Sound. A tugboat, towboat, and barge industry group argued that EPA erred in determining that adequate pump-out facilities were reasonably available without considering the compliance costs for ...
Columbia Riverkeeper v. Wheeler
The Ninth Circuit affirmed judgment for environmental groups in a CWA challenge to compel EPA to develop and issue long-overdue temperature TMDLs for the Columbia and Snake Rivers. The groups argued that inaction by Oregon and Washington to issue TMDLs for the two rivers amounted to a "constructive ...
Should We Ban Single-Use Plastics?
Millions of tons of plastic enter the environment every year, killing wildlife, releasing toxins, clogging drains, and marring landscapes. Bans or restrictions on single-use plastics have exploded in popularity in recent years as a means of addressing these problems. Yet these bans remain controversial, with some businesses pushing back against what they consider excessive regulation and others maintaining that banning single-use plastics uses political capital that could be spent advancing more urgent and systemic agendas.
Reissuance of an NPDES/SDS Permit to U.S. Steel Corp.
A state appellate court reversed the Minnesota Pollution Control Agency's decision to reissue a NPDES permit for an iron ore mine in northeast Minnesota. An environmental group and Indian band challenged the decision, arguing that the agency erred in its interpretation of the CWA and that the permit...
United States v. Exxon Mobil Corp.
The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries. The district court found that 29 of the subpoenas were enforceable, ...