Search
  • Mark Ryan

Two New Cases

Red Lake Band of Chippewa Indians v. USACOE, 2021 WL 430054 (D.D.C. 2021) (denying plaintiffs’ motion for a PI in case challenging 404 permits issued for pipeline construction, held that plaintiffs had not demonstrated a likelihood of success on the merits of their claims that the Corps failed to comply with NEPA and the CWA in concluding that an EIS was not warranted; rejected argument that the Corps did not consider the risks of spills when considering the practicable alternatives; Corps treatment of alternatives for pipeline route was reasonable; Corps properly took a hard look at alternative construction methods)

Waste Action Project v. Buckley Recycling Center, 2021 WL 425224 (W.D. Wash. 2021) (awarding attorney fees in the amount of $13,048 in connection with enforcement of consent decree; held that plaintiff’s lead attorney rate of $600/hr. was reasonable considering his level of experience; time not awarded for two attorney to attend oral argument; “Within the Ninth Circuit, a 10% haircut of hours without a specific explanation is not error and the Court may apply a larger cut with ‘weightier and more specific’ justifications.”)



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.

23 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