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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.”)



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