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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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Sackett 9th Circuit Oral Argument

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full disclosure, I worked on the Sackett case while at EPA.] Quick summary.

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