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Back Bay Restoration Foundation, LTD v. United States Army Corps. of Engineers
A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an existing residential subdivision in Virginia Beach. The group argued the issuance was arbitrary and capricious...
BNSF Railway Co. v. Clark County
A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...
South Carolina Coastal Conservation League v. Ross
A district court denied a motion to dismiss a challenge to NMFS' decision to issue incidental harassment authorizations to five companies to conduct seismic testing for oil and gas in the Mid- and South Atlantic Ocean. South Carolina challenged President Trump's reversal via Executive Order No. 1379...