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wetlands mitigation

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

ELR Case

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...

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

ELR Case

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...

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

ELR Article

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404 permits. In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that government agencies must show a...