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U.S. Court of Appeals for the Tenth Circuit

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Tenth Circuit reverses decision vacating critical permit and enjoining reservoir expansion project and holds that Army Corps of Engineers did not violate Clean Water Act or National Environmental Policy Act

September 15, 2026

Opinion

U.S. Chamber files amicus brief urging Tenth Circuit to reverse decision that vacated critical Clean Water Act (CWA) permit issued by Army Corps of Engineers and enjoined reservoir expansion project benefiting millions of Colorado residents

January 23, 2026

The Chamber's brief argues that in reviewing the Army Corps’ decision, the district court exceeded its proper role under the National Environmental Policy Act, misread the Corps’ CWA regulations, and improperly granted an eleventh-hour request for an injunction.

Jeremy C. Marwell and Adam Kleven of Vinson & Elkins LLP served as outside counsel.

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