The U.S. Supreme Court, 5-4, granted states' and industry groups' application for an emergency stay of a district court ruling that had vacated the 2020 Clean Water Act 401 Certification Rule. In a dissenting opinion, Justice Kagan asserted the states and groups had failed to show they would suffer ...

A Minnesota appellate court affirmed in part and reversed in part the Minnesota Pollution Control Agency's (MPCA's) issuance of a permit for a copper-nickel mine in northeastern Minnesota that would allow discharging water from mine facilities. Environmental groups and a tribal band argued the MPCA ...

A district court vacated EPA's denial of an environmental group's petition to issue new and revised water quality standards for the state of Washington. The group argued that EPA acted arbitrarily and capriciously in denying its petition, and sought to have the denial vacated and the petition remand...

The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal feeding operations (CAFOs) in Idaho. Environmental groups challenged the permit, arguing it lacked sufficient monitoring provisions to ensure compliance with its discharge limitations. The court found that t...

A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the ability of states and Native American tribes to regulate water pollution. The states and groups moved to stay the order...

A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution. States, tribes, and conservation groups sought to have the rule vacated, and EPA moved to remand without vacatu...

The Ninth Circuit remanded a summary judgment order in a challenge to EPA's approval of Montana's variance request from approved water quality standards adopted under the CWA. An environmental group argued the Agency's approval of the variance violated the APA. A district court granted partial vacat...

A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place upo...

The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge" requirements for production and land-application areas. The court...

The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally discharged pollutants into navigable waters, failed to monitor the discharge as required by its NPDES permit,...