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…
The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them…
The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and…
The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants…
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss…
A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the…
A district court denied Ohio's and Tennessee's motion to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. The states…
A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean…
A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa…
A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule…