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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.”)



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