U.S. Court of Appeals for the Fifth Circuit

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Case Updates

Fifth Circuit denies petition to overturn Clean Water Act permit for natural gas export facilities, rejecting “petitioners’ barrage of wholly meritless objections”

September 06, 2023

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging Fifth Circuit to deny petition seeking to vacate permit for natural gas export facilities issued by Army Corps of Engineers under Clean Water Act section 404

January 26, 2023

The brief argues that the petition should be denied on laches, exhaustion, and merits grounds, and that remand without vacatur would be the only appropriate remedy if any of the petitioners’ arguments had merit. Benjamin H. Moss, Jeremy C. Marwell, and Nathan T. Campbell of Vinson & Elkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents