Energy & Environment: Clean Water Act (CWA) Cases

Sorted by recent case activity
U.S. Chamber argues CWA permit shield applies to both general and specific permits (Sixth Circuit)
U.S. Court of Appeals for the Sixth Circuit
Awaiting Decision
D.C. Circuit blesses EPA's retroactive vetoes of valid Clean Water Act permits, injecting substantial uncertainty into permitting process
U.S. Court of Appeals for the District of Columbia Circuit
Defeat
Ninth Circuit holds chemically preserved wood utility poles are not subject to regulation under the CWA or RCRA
U.S. Court of Appeals for the Ninth Circuit
Victory
Supreme Court holds CWA provision governing challenges to agency actions is not jurisdictional (U.S. Supreme Court)
Supreme Court of the United States
Other
Right to Pre-Enforcement Review of EPA "Compliance Orders"
Supreme Court of the United States
Victory
Jurisdiction over Wetlands under the Clean Water Act
Supreme Court of the United States
Defeat
Federal Jurisdiction over Wetlands
Supreme Court of the United States
Defeat
Federal Regulation of Wetlands under Clean Water Act
U.S. Court of Appeals for the Second Circuit
Victory
Regulation of Ocean Acidification under Clean Water Act
U.S. District Court - Western District of Washington
Defeat
Cost-Benefit Analysis and the Clean Water Act
Supreme Court of the United States
Victory
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