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New Case

Farrar v. Fluegge Egg Ranch 3, Inc., 2021 WL 7869455 (S.D. Cal. 2021) (denying motion to dismiss, held that plaintiff’s case was not moot simply because state had issued a conditional waiver of need for an NPDES permit, which did not prove that defendants were no longer discharging pollutants to WOTUS; “Defendants do not meet their ‘heavy burden’ to show that the ‘the allegedly wrongful behavior could not reasonably be expected to recur.’”)



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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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