A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA §303 list. Under the CWA, states must submit to EPA a list of ...
The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development project in Los Angeles County. The proposed project would encompass...
The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits from the company. The company, which invests in projects that re...
The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers unlawfully issued a permit allowing the construction, and a low...