• Mark Ryan

Ninth Circuit Upholds Challenge to NWP 48

The Coalition to Protect Puget Sound Habitat v. USACOE, 2021 WL 509850 (9th Cir. 2021) (unpublished) (affirming district finding that the Corps did not adequately explain its conclusions that the 2017 NWP 48 would have not significant impact under NEPA and would have only a minimal cumulative adverse effect on the environment; court rejected the Corps argument that other activities have even bigger effects on the environment; district court did not abuse its discretion in ordering remand without vacatur while the 900 individual shellfish operators sought to receive coverage under individual 404 permits)

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.

28 views0 comments

Recent Posts

See All

Waterkeeper Files NOI in Coal Ash Case

Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the

Two New (Oddball) CWA Cases

These two cases bring up issues one seldom sees in the case law, which makes them mildly interesting. Reading the clever arguments raised by defendants in the Earth Island case below reminded me of my

A Modest Proposal to Fix WOTUS

As I have argued numerous times in the past, Congress needs to fix the WOTUS problem. They created it by so vaguely defining “navigable waters,” and only they can permanently fix the problem (assuming

© 2016 by Ryan & Kuehler PLLC.

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