News & Analysis as of

US Army Corps of Engineers

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit: Proposed Ouachita County, Arkansas Wood Pellet...

The United States Army Corps of Engineers (“Corps”) (Vicksburg District) issued a June 12 public notice regarding a proposed project in Ouachita County, Arkansas, that is seeking a Clean Water Act Section 404 permit. The...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Downey Brand LLP

USACE Issues 2018 Workplan

by Downey Brand LLP on

At noon eastern time on Monday, June 11, 2018 the U.S. Army Corps of Engineers (USACE) issued its 2018 Workplan. Although approximately two weeks late, the Workplan contains enough goodies for around the United States as to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

BakerHostetler

The Weekly Hill Update

by BakerHostetler on

HEADLINES - Congress returns from Memorial Day recess with the Senate in session today and the House reconvening Tuesday. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Vicksburg District) Public Notices Saline County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District)(“Corps”) issued a May 17th public notice regarding a Section 404 Clean Water Act application for a Saline County, Arkansas project. The Benton, Arkansas Street...more

Saul Ewing Arnstein & Lehr LLP

Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404 Clean Water Act/Citizen Suit Action: United States District Court Judge Price Marshall (E.D. Arkansas) Addresses...

United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Natural Resources Commission Meeting: May 16th Draft Agenda

The Arkansas Natural Resources Commission (“ANRC”) has scheduled its next meeting for May 16th. The meeting will be held at 9:30 a.m. at the agency headquarters at 101 East Capitol Avenue, Suite 350 in Little Rock,...more

Liskow & Lewis

Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

by Liskow & Lewis on

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. On April 20, 2018, it...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

Mitchell, Williams, Selig, Gates & Woodyard,...

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

Womble Bond Dickinson

Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works

by Womble Bond Dickinson on

On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Davis Wright Tremaine LLP

Contractor’s Inferior Knowledge and Mistake Are No Excuse for Avoiding the Preclusive Effect of a Contractual Release

by Davis Wright Tremaine LLP on

As the following decision demonstrates, careful recordkeeping can be critical to avoid forfeiting a claim upon the completion of a project with government. Appeal of Merrick Construction, LLC, ASBCA No. 60906 (March 22,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the...more

Nossaman LLP

Ninth Circuit Affirms Injunction Order for Federal Columbia River Power System to Prevent Harm to Listed Salmonids

by Nossaman LLP on

On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more

Perkins Coie

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

by Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more

Locke Lord LLP

Podcast Episode 17 - Let's Get It Right - Estimating Construction Costs with Bennett Ratliff

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 17, Bennett Ratliff joins us to talk about estimating construction costs and how a civil engineer can assist with eminent domain valuation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Artificial Diversion of Water/Property Damage: New York Appellate Court Considers Whether Nuisance/Trespass Claims are Time-Barred

The New York Supreme Court (Appellate Division) addressed a procedural issue associated with an action seeking damages and injunctive relief involving allegations that defendants were responsible for property damage as a...more

Holland & Knight LLP

Congress Passes, President Signs FY2018 Omnibus Spending Package

by Holland & Knight LLP on

Congress passed a $1.3 trillion spending bill early on March 23, 2018, narrowly averting a government shutdown. Following a 256-167 vote in the House and a 65-32 vote in the Senate, the FY 2018 (FY18) omnibus spending package...more

WilmerHale

Infrastructure Series: Cost-Sharing with State and Local Governments

by WilmerHale on

This is the fifth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

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