On behalf of six conservation organizations — Save The Colorado, Living Rivers, Waterkeeper Alliance, The Environmental Group, WildEarth Guardians, and Sierra Club — our firm obtained a major victory from the U.S. Court of Appeals for the Tenth Circuit, which has nationwide precedential implications. At issue in the case is the question of where litigants must bring challenges to Section 404 permits issued by the U.S. Army Corps of Engineers pursuant to the Clean Water Act (“CWA”), where the permit applicant must also separately secure a license from FERC under the Federal Power Act. Applying the applicable statutory terms and controlling authority, the Tenth Circuit held that challenges to CWA Section 404 permits must be pursued in federal district court (rather than federal courts of appeal). The court did not set forth a new test, but rather firmly cemented in a clear and direct way what is already unambiguous in the Federal Power Act’s own text and cases construing that statute. Indeed, the Tenth Circuit’s ruling is the only outcome that can be squared with Congressional intent and controlling precedent. The opinion can be found here.

Photo Credit: Colorado River Connected