• Mark Ryan

Two New CWA Cases - attorneys fees and WOTUS

It's somewhat unusual to see an award of attorney fees to defendants in a citizen suit case.

City of Highland Park v. EPA, 2020 WL 4569557 (E.D. Mich. 2020) (granting motion for attorney fees to defendants where court found that alleged CWA violations were “baseless” and “completely groundless and frivolous,” and were the subject of a motion for reconsideration and an appeal to the 6th Cir.; court stayed award of fees pending better documentation from defendants)

Lewis v. USACOE, 2020 WL 4495473 (M.D. La. 2020) (denying motion for summary judgment on whether Corps had jurisdiction to issue cease and desist order for tree removal related to development around ditch system, held that because the Corps had not developed an administrative record, there was nothing for the court to review under the APA and plaintiffs factual allegations in the complaint and supporting affidavits were not enough; claims that ditches at issue are not WOTUS could not be reviewed absent a record)

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