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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 “must confine its arguments to the existing claims in the action and shall not inject new claims or stray into collateral issues.”)

Baker v. Mortgage of America Lenders, LLC, 2021 WL 77462 (S.D. Ga. 2021) (on motion to dismiss stormwater case against developers, held that record was not clear whether prior EPA action against defendants barred plaintiff’s case under § 505(b)(1)(B) and whether plaintiffs had suffered injury to prove standing; court ordered parties to engage in 30 days of discovery limited to standing and to file supplemental evidence within 60 days)



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