Dredge and fill, §404

A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule only extends to the 13…

A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas…

A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United…

The Tenth Circuit held the U.S. Army Corps of Engineers did not violate NEPA, the CWA, or nationwide permit (NWP) 12 when it allowed an energy company to build a 485-mile oil pipeline from…

The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose…

The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged…

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer…

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after…

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of…

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA…