• Mark Ryan

2021's First Case is a 404 Permit Challenge

The first reported CWA case for 2021 is a wetlands case, of course. It will be very interesting to see how the EPA and the Corps shift their litigation strategy over the next year as the new administration settles in.

Center for Biological Diversity v. USACOE, 2021 WL 14929 (D.C. D.C. 2021) (on voluntary remand in case challenging Corps-issued 404 permit, held that court will not retain jurisdiction as Corps reconsiders the permit and supporting record; “Plaintiffs have failed to identify any purpose that would be served if the Court were to retain jurisdiction during the remand.”)

If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

40 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed