• Mark Ryan

Two Hail Marys

Lawyers should always think three times before filing a motion for reconsideration. They rarely succeed.

United States v. E.R.R. LLC, 2020 WL 4732218 (E.D. La. 2020) (denying motion for reconsideration on government’s motion in limine to exclude evidence regarding spoliation of relevant documents in OPA cost recovery case, held that defendants had not met the high burden of showing either destruction of documents or bad faith by the government)

United States v. Brace, 2020 WL 4581183 (W.D. Pa. 2020) (denying motion for stay of order pending appeal in enforcement case against farmers accused of filling wetlands, held that plaintiffs had not shown a substantial likelihood of success on the merits and no irreparable harm from complying with the wetlands restoration order in the case; rejected argument that counsel and not defendant should be sanctioned for missing court deadlines and repeatedly ignoring court orders - - it “stretches credulity that Defendants have no idea how counsel is conducting this case.”)

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.

32 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed