Search
  • 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.

33 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black