News & Analysis as of

US Army Corps of Engineers Summary Judgment

Bradley Arant Boult Cummings LLP

Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more

Pillsbury Winthrop Shaw Pittman LLP

No Longer Appealing: Why Are Contractors Filing Fewer Appeals at the ASBCA?

The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

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

Operation of Bonnet Carre´ Spillway/National Environmental Policy Act: Federal Appellate Court Addresses Whether Army Corps of...

A group of Mississippi municipalities and associations filed a lawsuit in the United States District Court (S.D. Miss.) against the United States Army Corps of Engineers (“Corps”) for allegedly violating the National...more

Williams Mullen

NEPA Challenges to Permits Lead to Project Delays

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The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA)....more

Miles & Stockbridge P.C.

Decision from a Montana Federal Court Halts Keystone XL Pipeline with Nationwide Injunction

Last month, the U.S. District Court for the District of Montana granted summary judgment to an environmental group, ruling that the U.S. Army Corps of Engineers violated Section 7(a)(2) of the Endangered Species Act (“ESA”)...more

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

Modification of a Wetland Mitigation Bank Boundaries: U.S. District Court Addresses Challenge to U.S. Corps of Engineers Approval

A United States District Judge for the Middle District of Florida addressed in an August 13th opinion whether the St. Johns River Water Management District (“SJRWMD”) and the Army Corps of Engineers (the “ACOE”) violated: ...more

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

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Troutman Pepper

Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not...

Troutman Pepper on

Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) - This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force...more

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