• Mark Ryan

Two New Cases Underlining that Procedure Matters

Jarose v. County of Humbolt, 2020 WL 999791 (N.D. Cal. 2020) (denying motion to amend complaint in case involving unauthorized discharge of sump water to bay, held that plaintiff failed to exercise due diligence in discovering facts that it argues should allow it to add new parties to the litigation)

Back Bay Restoration Foundation, Ltd. V. USACOE, 2020 WL 1068629 (E.D. Va. 2019) (granting Corp’s motion for summary judgment, held that Corps properly determined there were no practical alternatives to the applicant’s preferred housing project location; applicant took steps to limit the project’s effect on WOTUS; Corps properly complied with its public review obligations; extra-record evidence in plaintiff’s affidavit struck; plaintiff waived right to bring up new arguments not preserved during public comment period)


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EPA/Corps WOTUS JD Tools

Yesterday, I wrote about the difficulty of determining whether a stream is intermittent or ephemeral under the new WOTUS rule, and I mentioned some computer models that are under development at the ag

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