Search
  • 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)

21 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed