The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas. Because Okla...

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities. The groups alleged CWA, N...

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States. The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act, requires the NMF...

The Supreme Court of Wisconsin upheld the state environmental agency's decision to issue a permit to a town for a municipal well. Two groups challenged the agency's decision to issue the permit without considering the well's potential impact on nearby Lake Beulah, a navigable water. A circuit c...

A district court held that environmental groups may pursue a RCRA claim against the current and former owners of a steel mill for disposing of hazardous waste without a permit, but dismissed the groups' remaining RCRA and CWA claims. The groups' claims that the mill has released and continues t...

The Ninth Circuit held that a seafood processor association may not intervene in environmental groups' lawsuit challenging the National Marine Fisheries Service's program to preserve groundfish species off the coast of California, Oregon, and Washington. A lower court denied the association's m...