DC District Court upholds Corps' NWP 12 verification of wastewater pipeline but relies on plaintiff-friendly view of standing to reach environmental groups' claims *

USA - May 3 2013
On April 10, 2013, the US District Court for the District of Columbia granted summary judgment for the US Army Corps of Engineers ("Corps") in a suit…

Co-authors: Andrew J. Turner, Deidre G. Duncan, Karen C. Bennett, Karma B. Brown, Andrew D. Knudsen.

Suit filed in Federal District Court seeking to invalidate Corps use of nationwide permit 12 for construction, maintenance, repair, and removal of utility lines and associated facilities *

USA - July 23 2012
On June 29, 2012, the Sierra Club and two other advocacy groups filed suit in federal district court challenging the U.S. Army Corps of Engineers’ issuance of nationwide permit 12 and the Corps’ reliance on NWP 12 to authorize the Keystone Pipeline Gulf Coast Project. Sierra Club, Inc. v. Bostick, 5:12-cv-00742 (W.D. Okla. 2012).

Co-authors: Craig A. Bromby, Andrew J. Turner, Brooks M. Smith, Deidre G. Duncan, Mark G. Weisshaar.

EPA issues final construction general permit *

USA - March 7 2012
On February 16, 2012, the Environmental Protection Agency (“EPA”) issued the Final 2012 Construction General Permit (“CGP”).

Co-authors: Michael F. Albers, Craig A. Bromby, Miranda R. Yost, Brooks M. Smith, Deidre G. Duncan.

Supreme Court decision in PPL Montana v. Montana provides useful support for challenging corps jurisdictional determinations *

USA - March 6 2012
On February 22, 2012, the U.S. Supreme Court issued a unanimous decision in PPL Montana LLC v. Montana, 565 U.S. __ (2012), reversing the Montana Supreme Court’s ruling that required PPL Montana, a hydroelectric dam operator, to pay rent for the use of the riverbeds covered or inundated by the dams.

Co-authors: Craig A. Bromby, Deidre G. Duncan, Karma B. Brown.