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Mitigation

Ecosystem Investment Partners v. Crosby Dredging, L.L.C.

The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits...

Walther v. United States

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad...

Sierra Club, Inc. v. St. Johns River Water Management District

A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over...

Pioneer Reserve, LLC v. United States

The Federal Claims Court denied a motion to dismiss a wetlands mitigation bank's breach of contract claim against the government. A family formed the bank to manage two tracts of valuable land in Alaska that the family wanted to sell as...

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in Boone County, West Virginia. The court...

Hearts Bluff Game Ranch, Inc. v. United States

The Federal Circuit affirmed a lower court decision dismissing a landowner's claim for just compensation under the Fifth Amendment for an alleged taking based on the U.S. Army Corps of Engineers' denial of the landowner's proposal to...