A district court granted a developer's motion to dismiss a challenge to the Army Corps of Engineers' decision to issue a CWA §404 permit for a proposed copper mine project in the Santa Rita Mountains. Environmental groups and Native American tribes argued that the Corps violated the CWA and NEPA wh...
The Tenth Circuit affirmed dismissal of a lawsuit concerning a long-running water dispute between an Indian tribe and a private landowner in Utah. The tribe sued the landowner in tribal court, arguing the landowner had been diverting the tribe's water for years. The tribal court held it had subject ...
A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, th...
The Eleventh Circuit vacated a district court's dismissal of a challenge to a developer's filling of a wetland near its hotel in southeastern Georgia. An individual and environmental groups argued the developer did not comply with the CWA's permitting process because it filled the wetland for the pu...
A district court denied two former EPA science advisors’ motion to preliminarily halt the activities of the Agency’s Clean Air Scientific Advisory Committee. The advisors argued the committee violated the Federal Advisory Committee Act’s requirement that memberships be “fairly balanced” be...
A district court dismissed environmental groups’ challenge to the International Development Finance Corp’s (DFC’s) 2020 rule exempting itself from the Sunshine Act. The groups challenged the rule under the APA and the Sunshine Act itself, and sought an order declaring the DFC subject to the Su...
A district court dismissed as moot a lawsuit seeking to reinstate a permit for the Keystone XL oil pipeline to cross the U.S.-Canada border. Twenty-three states challenged the president's authority to revoke the permit, arguing the permitting decision concerned only international and interstate comm...
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP's) decision to issue an air permit for a natural gas compressor station in Weymouth, Massachusetts. Neighboring cities and individuals argued MDEP failed to follow its own established procedures by eliminatin...
A district court granted summary judgment for the Bureau of Reclamation in a FOIA lawsuit brought by a company seeking summaries of certain water transfers. The company requested a summary of transfers taking place in 2020 under the Bureau's and San Luis & Delta-Mendota Water Authority's Long-Te...
The Second Circuit reversed in part and vacated in part a district court ruling that ordered EPA to disclose records pursuant to a FOIA request related to a former Agency official's role in pesticide policymaking. An environmental group submitted FOIA requests for the records, and EPA invoked the de...