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National Wildlife Refuge Ass'n v. Rural Utilities Service

A district court halted construction of a proposed high-voltage transmission line through the Upper Mississippi River National Wildlife and Fish Refuge. Environmental groups challenged FWS' original compatibility determination for the transmission line, which granted utility companies a right-of-way...

Food & Water Watch v. U.S. Environmental Protection Agency

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...

Clean Water Act Rulemaking

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...

Alaska v. United States Department of Agriculture

The D.C. Circuit dismissed as moot Alaska's challenge to the Forest Service's 2001 Roadless Rule. The challenge centered on the Roadless Rule's impact on the Tongass National Forest, which the USDA exempted from the rule in 2020, but the state argued it should be allowed to proceed because the exemp...

Mississippi v. Tennessee

The U.S. Supreme Court dismissed a lawsuit brought by Mississippi against Tennessee seeking damages for a Tennessee city's pumping of groundwater from the Middle Claiborne Aquifer. Mississippi argued that the pumping siphoned water away from Mississippi and amounted to a tortious taking of groundwat...

Maryland v. Exxon Mobil Corp.

A district court granted in part and denied in part gasoline companies' motion for summary judgment in a lawsuit brought by the state of Maryland seeking to redress alleged contamination of its waters with methyl tertiary butyl ether. Maryland brought various common law claims and statutory claims u...

Clean Water Act Rulemaking

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...

Upper Missouri Waterkeeper v. U.S. Environmental Protection Agency

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...

Navajo Nation v. Regan

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...