Energy & Environment: Clean Water Act (CWA) Cases

Sorted by recent case activity
D.C. Circuit reverses judgement against EPA in decision affecting the agency's use of guidance as rulemaking
U.S. Court of Appeals for the District of Columbia Circuit
Defeat
Chamber urges Ninth Circuit to affirm district court's interpretation of the scope and applicability of the Clean Water Act permit shield
U.S. Court of Appeals for the Ninth Circuit
Awaiting Decision
U.S. Chamber joins coalition urging Supreme Court to review Second Circuit case that significantly departs from the Court’s rulings on constitutional standing
Supreme Court of the United States
Defeat
U.S. Chamber, Farm Bureau ask U.S. Supreme Court to review D.C. Circuit decision
Supreme Court of the United States
Defeat
Chamber asks Kentucky Court of Appeals to review lower court’s erroneous interpretation of Clean Water Act.
State Courts
Awaiting Decision
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
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