Water

The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and…

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency…

A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit. A conservation group and the state of Washington argued that the owners…

The Tenth Circuit held, 2-1, that a sovereign must affirmatively act to extinguish aboriginal water rights in a lawsuit concerning water rights of the Pueblos of Jemez, Santa Ana, and Zia in the…

The Illinois Supreme Court dismissed a lawsuit concerning the city of Chicago's replacement of water meters and water main pipes as well as the partial replacement of lead service lines that…

A district court denied a motion to reconsider its 2018 ruling that gave EPA discretion as to how to establish a new TMDL for trash in the Anacostia River. An environmental group argued that…

The Nevada Supreme Court held that the public trust doctrine did not permit reallocation of water rights already adjudicated and settled under the doctrine of prior appropriation in a lawsuit…

In an unpublished opinion, the Ninth Circuit granted in part and denied in part an environmental group's petition to review EPA's approval of the Idaho Pollution Discharge Elimination…

The Washington Supreme Court upheld the Department of Ecology's rule that set a summertime minimum instream-flow rate for the Spokane River at 850 cubic feet per second (cfs). Environmental…

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…