• 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.”)

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Two New Cases

Red Lake Band of Chippewa Indians v. USACOE, 2021 WL 75744 (D.C. D.C. 2021) (granting motion to intervene by pipeline company in case challenging 404 permit for pipeline project, held that intervenor

Yazoo Pumps

Speaking of big last-minute administrative actions, the Corps is fast-tracking approval of the controversial Yazoo Pumps project. The comments below regarding the EIS were provided to me. Expect this

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