The Ninth Circuit, 2-1, denied the city of San Francisco's challenge to an EPA order denying review of the city's NPDES permit for a combined sewer system and wastewater treatment facility. The city argued EPA violated the CWA by including in the permit two general narrative prohibitions on discharg...
The Seventh Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to its decision to continue an over century-old project that involves building river training structures to maintain the navigable channel in the Middle Mississippi River. Environmental groups argued that th...
A district court granted a pipeline company's motion to preliminarily enjoin enforcement of an Iowa county zoning ordinance promulgated in response to the company's proposed carbon dioxide pipeline. The company argued the ordinance was preempted by the federal Pipeline Safety Act and by Iowa Code §...
A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respec...
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...
The Third Circuit vacated EPA's 2022 decision to reverse its prior determination and to require an oil refinery in the Virgin Islands to obtain a PSD permit before it can resume operations. The refinery owner petitioned for review, arguing EPA's application of its reactivation policy—under which a...
The D.C. Circuit dismissed for lack of jurisdiction a challenge to two FERC orders approving construction and operation of a natural gas compressor station in Massachusetts. Residents, municipalities, and an environmental group petitioned for review of the orders—one granting the station owner's r...
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...
A district court granted EPA's and the Army Corps of Engineers' motion to stay Texas' and Idaho's challenge to the Biden Administration's 2023 rule revising the definition of "waters of the United States" under the CWA. The court stayed the suit until publication in the Federal Register of the agenc...