News & Analysis as of

Subject Matter Jurisdiction US Army Corps of Engineers

Cozen O'Connor

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests

Cozen O'Connor on

On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more

K&L Gates LLP

Clean Water Rule Stayed Nationwide

K&L Gates LLP on

On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

Latham & Watkins LLP

Sixth Circuit Stays Obama Administration’s New Clean Water Rule Nationwide

Latham & Watkins LLP on

On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more

Davis Wright Tremaine LLP

Curiouser and Curiouser: Sixth Circuit Not Sure of Jurisdiction but Stays WOTUS Rule Anyway

Does this make sense to you? Eighteen states petitioned the Sixth Circuit to challenge the new rule adopted by EPA and the Corps of Engineers defining “waters of the United States” under the Clean Water Act. Then the...more

Burr & Forman

Sixth Circuit Issues Nationwide Stay of Clean Water Rule

Burr & Forman on

The U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay of the controversial EPA/Corps of Engineers Clean Water Rule which was effective August 28, 2015. Some 30 states, industry and environmental groups had...more

Foley Hoag LLP - Environmental Law

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of...more

Davis Wright Tremaine LLP

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of...more

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