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Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership

The Arizona Supreme Court vacated a ruling that a Native American tribe sufficiently alleged standing to bring a public nuisance claim against a resort using reclaimed wastewater to make artificial snow on the San Francisco Peaks in northern Arizona. Before the lower court, the tribe argued that the...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups argued that the Corps improperly incorporated the state's condit...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the United States." Environmental groups argued that EPA and the U.S...

Center for Biological Diversity v. Wheeler

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants. Environmental groups argued that the amendment violated the ESA and NEP...

Columbia Riverkeeper v. Pruitt

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An environmental group argued that the Agency failed to issue a TMDL for the r...

Tennessee Clean Water Network v. Tennessee Valley Authority

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its unlined coal ash ponds into groundwater that is hydrologically conne...