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Wetlands

Wisconsin v. Schnepf

In an unpublished opinion, a state appellate court affirmed a lower court's ruling that a Wisconsin landowner violated state law by discharging fill material into a wetland on his property. The lower court found that the landowner had...

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...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers...

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

The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit to a surface coal mine. Environmental groups challenged the adequacy of the Corps' environmental review, arguing that the Corps violated...

Miami-Dade County v. Florida Power & Light Co.

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East...

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...

Ward Gulfport Properties, L.P. v. Mississippi State Highway Comm'n

The Mississippi Supreme Court reversed and remanded a lower court decision that the state's transportation agency did not effect a categorical or regulatory taking when it pledged approximately 1,300 acres of a developer's property for...

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme...

North Dakota v. U.S. Environmental Protection Agency

A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New...