Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries...more
3/14/2023
/ California ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Violations ,
Incidental Take Permits ,
National Marine Fisheries Service ,
Rivers ,
US Army Corps of Engineers
The United States Court of Appeals for the Tenth Circuit recently affirmed a lower court decision that the U.S. Army Corps of Engineers need not consult with the U.S. Fish and Wildlife Service under section 7 of the...more
In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more
2/28/2018
/ Critical Habitat ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Claims ,
Hydropower ,
Inland Waterways ,
National Marine Fisheries Service ,
Popular ,
US Army Corps of Engineers ,
Water Diversion ,
Watershed
In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more
2/23/2017
/ Amended Regulation ,
Bureau of Land Management ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Coal Mines ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Land ,
Judicial Review ,
Land-Use Permits ,
Moratorium ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In U.S. Army Corps of Engineers v. Hawkes, the Supreme Court held that a Jurisdictional Determination (JD) issued by the U.S. Army Corps of Engineers that specifies whether a particular parcel of property includes waters...more
6/1/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States
On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more
On June 11, 2013, the U.S. Army Corps of Engineers issued a guidance memo regarding its obligations under section 7 of the Endangered Species Act....more
In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three...more
In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more
In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more