Justia Government & Administrative Law Opinion Summaries

Save Our Springs Alliance, Inc. (SOS) challenged a final order by the Texas Commission on Environmental Quality (TCEQ) granting the City of Dripping Springs a permit to discharge treated wastewater into Onion Creek. The central issue was the interpretation of TCEQ’s “antidegradation” rules, specifically whether TCEQ should assess water quality degradation by evaluating the water body as a whole or by focusing on numeric changes in individual water-quality parameters. SOS argued for a strict parameter-by-parameter approach, claiming that any significant change in a single parameter, such as dissolved oxygen, should prevent permit approval.The Court of Appeals for the Eighth District of Texas upheld the permit’s issuance, finding that TCEQ’s practice of assessing overall water quality conformed to regulatory requirements. The court also rejected SOS’s argument that TCEQ’s final order was invalid for not including a “statement of the underlying facts” supporting its findings.The Supreme Court of Texas affirmed the Court of Appeals’ judgment. The court held that TCEQ’s whole-body approach to assessing water quality degradation was consistent with the regulatory language, which focuses on overall water quality rather than individual parameters. The court also found that substantial evidence supported TCEQ’s determination that the permitted discharge would not lower Onion Creek’s water quality by more than a de minimis extent. Additionally, the court rejected SOS’s argument that TCEQ’s final order was invalid for lacking specific underlying facts, noting that the order sufficiently informed the parties of the basis for TCEQ’s decision and complied with the relevant statutory requirements. View "Save Our Springs Alliance, Inc. v. Texas Commission on Environmental Quality" on Justia Law

The case involves the City of Jackson, Mississippi's water-related utilities, which faced significant failures. The United States and the State of Mississippi brought enforcement actions under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) against the City for violations, including allowing raw sewage to be discharged into waterways and failing to comply with the Environmental Protection Agency's (EPA) orders. The district court appointed a federal receiver, Edward Henefin, as interim third-party manager (ITPM) to manage the City's water and sewer systems. Henefin, operating through JXN Water, Inc., developed new utility rates, including a discount for residents receiving Supplemental Nutrition Assistance Program (SNAP) benefits.The United States District Court for the Southern District of Mississippi ruled that the ITPM's rate-setting activities constituted a federal assistance program under the Food and Nutrition Act of 2008 (FNA), thereby allowing access to SNAP recipient data. The United States and Mississippi opposed this, arguing that such disclosure violated the FNA's privacy protections for SNAP recipients.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the ITPM's rate-setting activities did not qualify as a federal assistance program under the FNA. The court emphasized that the term "federal assistance program" implies administration by a federal entity, and the ITPM's authority derived from municipal law, not federal law. The court also noted that the statutory history and context supported a narrow interpretation of "federal assistance program." Consequently, the court reversed the district court's order and remanded the case for further proceedings. View "Mississippi v. JXN Water" on Justia Law

Kingfish Maine, Inc. sought permits from the Department of Environmental Protection to construct and operate a land-based aquaculture facility in Jonesport, Maine. The project included two primary buildings, access roads, ancillary buildings, and intake and outfall pipes for water from Chandler Bay. The Department issued a wastewater discharge permit and a combined Site Law and Natural Resources Protection Act (NRPA) permit for the project.The Superior Court (Kennebec County) affirmed the Board of Environmental Protection’s decision to uphold the Department’s issuance of the permits. Petitioners, Eastern Maine Conservation Initiative and Roque Island Gardner Homestead Corporation, argued that the Board erred in its scope of review under NRPA and failed to independently evaluate the environmental impacts of the wastewater discharge.The Maine Supreme Judicial Court reviewed the case and held that the Board did not err in its interpretation of NRPA’s scope. The Court found that NRPA’s review is limited to specific activities listed in 38 M.R.S. § 480-C(2), which do not include the discharge of treated wastewater. The Court also held that the Board did not abuse its discretion by relying on the previously issued discharge permit, as the Department had already evaluated the environmental impacts of the discharge, including its effects on wildlife and water quality, during the discharge permit process.The Court affirmed the judgment of the Superior Court, concluding that the Board’s reliance on the discharge permit was reasonable and that the Board was not required to conduct a separate analysis of the wastewater discharge’s impact under NRPA. View "Eastern Maine Conservation Initiative v. Board of Environmental Protection" on Justia Law

Clarios, LLC (Clarios) purchased an industrial site in 2006, for which the seller had executed a remediation plan under the Industrial Site Recovery Act (ISRA) and placed funds in trust for future remediation. In 2007, Clarios ceased operations and sought a Remediation in Progress Waiver (RIP Waiver) from the New Jersey Department of Environmental Protection (DEP), which was granted with the condition that the DEP reserved the right to enforce ISRA obligations in the future. Clarios sold the site in 2011, and the new owner, DeNovo, assumed remediation responsibilities. By 2021, the remediation trust was depleted, and the site was out of compliance. In April 2022, the DEP rescinded Clarios’s RIP Waiver due to non-compliance and depletion of funds.Clarios requested an adjudicatory hearing, arguing that the rescission without notice or a hearing violated its due process rights. The DEP denied the request, stating that rescission did not entitle Clarios to a hearing under the relevant regulations. Clarios appealed, and the Appellate Division ruled in favor of the DEP, holding that Clarios did not have a protected property interest in the RIP Waiver. The court found that Clarios’s expectation of continued suspension of remediation obligations was not based on any statutory or regulatory provisions but rather on a unilateral expectation.The Supreme Court of New Jersey reviewed the case and affirmed the Appellate Division’s decision. The Court held that the DEP’s initial grant of the RIP Waiver did not create a property interest in the continued suspension of Clarios’s remediation obligations. The Court found that neither the controlling statutes and regulations nor a mutually explicit understanding between the parties provided an entitlement to the indefinite continuance of the waiver. The governing laws and agency materials anticipated the DEP’s ability to enforce remediation obligations in the future, and thus, rescission of the RIP Waiver without a hearing did not violate Clarios’s due process rights. View "In re Appeal of the New Jersey Department of Environmental Protection's September 6, 2022 Denial of Request for Adjudicatory Hearing" on Justia Law

The case involves a dispute over the Tennessee Department of Environment and Conservation’s (TDEC) issuance of a water quality certification to Tennessee Gas Pipeline Company (TGP) for the construction and operation of a 32-mile natural gas pipeline in Tennessee. The pipeline would cross over one hundred bodies of water and require drilling across rocky terrain. Environmental groups Sierra Club and Appalachian Voices argue that TDEC failed to properly assess TGP’s application and ensure that the pipeline would not cause significant environmental damage.The lower court, TDEC, issued the water quality certification to TGP, authorizing temporary and permanent impacts to various water bodies and wetlands. TDEC imposed several conditions on TGP to minimize environmental disruption, including selecting the least impactful trenching techniques and obtaining written authorization before using controlled blasting. Petitioners filed a timely Petition for Review in the United States Court of Appeals for the Sixth Circuit, arguing that TDEC’s issuance of the certification violated the Administrative Procedure Act (APA).The United States Court of Appeals for the Sixth Circuit reviewed the case and found that TDEC did not violate the APA. The court held that TDEC adequately evaluated the water quality certification application and reasonably explained its decision-making process regarding waterbody crossings, rock removal methodology, downstream sedimentation, trench excavation, and baseline conditions of waterbodies. The court concluded that TDEC’s actions were not arbitrary, capricious, or inconsistent with its regulations. Consequently, the court denied the Petition for Review. View "Sierra Club v. Tennessee Department of Environment and Conservation" on Justia Law

United Water Conservation District (United) filed a lawsuit against the United States, seeking just compensation for an alleged taking under the Fifth Amendment. United claimed that the National Marine Fisheries Service (NMFS) required it to increase the amount of water bypassing its diversion dam to protect an endangered species of trout, resulting in a loss of water that United could otherwise use for beneficial purposes.The United States Court of Federal Claims dismissed United's complaint for lack of subject matter jurisdiction, determining that the claim should be evaluated as a regulatory taking. The court reasoned that United had not yet exhausted its administrative remedies by applying for and being denied an incidental-take permit under the Endangered Species Act, making the claim not ripe for adjudication.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the lower court's decision. The appellate court agreed that United's claim was regulatory in nature, as the NMFS's actions did not constitute a physical appropriation of water already diverted by United. Instead, the actions required more water to remain in the river, representing a regulatory restriction on United's use of the water. The court held that United's claim was not ripe because it had not yet obtained a final agency action by applying for and being denied an incidental-take permit. Therefore, the dismissal for lack of subject matter jurisdiction was appropriate. View "UNITED WATER CONSERVATION DISTRICT v. US " on Justia Law

Basecamp Teton WY SPV LLC (Basecamp) received a permit from the Wyoming Department of Environmental Quality (DEQ) to construct and operate a septic system for its glamping operation in Teton County, Wyoming. Protect Our Water Jackson Hole (POWJH), a nonprofit organization, sought a declaratory judgment claiming that DEQ lacked the authority to issue the permit due to a delegation agreement transferring permitting authority to Teton County. POWJH also requested an injunction to stay the permit during the litigation. The district court dismissed the complaint, citing several arguments from DEQ and Basecamp, including POWJH's lack of standing.The district court found that POWJH did not establish that a favorable decision would remedy any injury it suffered, as it was unclear whether Teton County would have denied the permit if Basecamp had applied there instead of to DEQ. The court also noted that POWJH was not a party to the delegation agreement and thus could not enforce it. POWJH's motion for reconsideration or to amend the complaint was denied, and the district court's dismissal was based on POWJH's lack of standing among other reasons.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision, focusing on POWJH's lack of standing. The court held that POWJH did not demonstrate a tangible interest that was harmed by DEQ's issuance of the permit. POWJH's allegations about its expenditures on water quality initiatives were deemed too vague and conclusory to establish a specific injury. Additionally, POWJH failed to show how the septic permit would directly harm its efforts or distinguish its interests from those of the general public. As a result, the court concluded that POWJH lacked standing to pursue the declaratory judgment action. View "Protect Our Water Jackson Hole v. Wyoming Department of Environmental Quality" on Justia Law

In 2015, bipartisan legislation repealed the U.S. ban on crude oil exports, leading to expanded efforts to export U.S. crude oil. This case involves an administrative challenge to a construction permit issued by the U.S. Army Corps of Engineers for expanding operations at the Moda Ingleside Crude Export Terminal in Texas. The expansion includes constructing new docks and a turning basin, requiring dredging and discharging material into U.S. waters. The Corps conducted an Environmental Assessment (EA) and approved the permit. Plaintiffs, including Native American tribes and an environmental association, sued to invalidate the permit, claiming violations of the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the Administrative Procedure Act (APA).The United States District Court for the Southern District of Texas denied summary judgment for the plaintiffs and granted summary judgment for the Corps, concluding that the Corps had adequately studied the environmental impacts of the proposed expansion. The court found that plaintiffs had associational standing but had waived certain claims by not raising them in summary judgment briefing. The court also found that plaintiffs forfeited claims related to increased vessel traffic by not raising them during the notice-and-comment period.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The Fifth Circuit held that the Corps did not act arbitrarily or capriciously in its environmental impacts analysis, including its assessment of cumulative impacts and climate change. The court found that the Corps's EA was sufficient and that an Environmental Impact Statement (EIS) was not required. The court also agreed that plaintiffs had forfeited arguments related to increased vessel traffic. The judgment of the district court was affirmed. View "Indigenous Peoples v. U.S. Army" on Justia Law

The case involves a challenge by two environmental groups against the County of San Diego's adoption of certain thresholds of significance under the California Environmental Quality Act (CEQA). These thresholds, if met, would generally eliminate the need for developers to perform an analysis of vehicle miles traveled (VMT) for proposed projects. The plaintiffs specifically contested two thresholds: one for "infill" projects within unincorporated villages and another for projects generating no more than 110 automobile trips per day.The Superior Court of San Diego County ruled in favor of the County, determining that the infill threshold was consistent with CEQA and supported by substantial evidence. The court also upheld the small project threshold, noting its alignment with recommendations from the Governor’s Office of Planning and Research (OPR).The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court found that the County's infill threshold was not supported by substantial evidence, as it relied on unsubstantiated assumptions about the transportation impacts of infill development without demonstrating that such development would generally result in insignificant VMT impacts in San Diego County. Similarly, the court determined that the small project threshold lacked substantial evidentiary support, as the County did not provide evidence that projects generating fewer than 110 trips per day would likely have a less than significant transportation impact under local conditions.The Court of Appeal reversed the Superior Court's decision, directing the lower court to grant the petition for writ of mandate and to determine whether portions of the Transportation Guide are severable and may continue to be applied. The appellate court emphasized the need for substantial evidence to support the adoption of significance thresholds under CEQA. View "Cleveland Nat. Forest Foundation v. County of San Diego" on Justia Law

Petitioners challenged an amendment to the energy facility site certificate for constructing a high-voltage electrical transmission line from Boardman, Oregon, to Hemingway, Idaho. The Energy Facility Siting Council (EFSC) had previously approved the original site certificate, which was affirmed by the court in Stop B2H Coalition v. Dept. of Energy. EFSC later approved Idaho Power’s request to amend the site certificate, expanding the site boundary and making other changes. Petitioners contested the process EFSC followed and the substance of the amendment, arguing they were entitled to a contested case proceeding and that the amendment did not comply with legal protections for watersheds and wildlife habitats.The lower court, EFSC, denied petitioners’ requests for contested case proceedings and approved the amendment. Petitioners then sought judicial review, contending that the circuit court had jurisdiction over their process challenge and that EFSC’s decisions were substantively flawed.The Supreme Court of the State of Oregon reviewed the case and held that it had jurisdiction to address the process challenge. The court found that EFSC did not err in denying the contested case proceedings, as the issues raised by petitioners were either untimely or did not present significant issues of fact or law. The court also rejected the substantive challenges, concluding that the bond requirements were adequately addressed in the original site certificate and that the expanded site boundary did not permit construction outside the micrositing corridors without further review.The Supreme Court affirmed EFSC’s final order approving the amended site certificate, holding that EFSC’s decisions were legally sound and supported by substantial evidence. View "Gilbert v. Dept. of Energy" on Justia Law