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Update on challenging wetlands permitting decisions

USA - July 1 2015 Two recent federal appeals court decisions show that landowners can obtain relief for adverse wetlands permitting actions by the U.S. Corps of…


DC Circuit hears oral argument in important Clean Air Act case

USA - December 9 2014 On December 3rd, the DC Circuit heard oral argument in a Clean Air Act case that may set important precedents for EPA’s “risk and technology reviews”…

Co-authors: Christopher L. Bell.


Regulatory documents can be contracts: the wetlands mitigation bank example

USA - November 26 2014 For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to…


First Litigation Challenge to EPA’s Greenhouse Gas Rule

USA - November 10 2014 The First Litigation Challenge to EPA’s Greenhouse Gas (GHG) Rule is likely to be decided fairly soon after the December 1, 2014 deadline for…


Proper definition of the relevant property leads to a $7 million award in a takings case arising from denial of a wetlands fill permit

USA - March 24 2014 A Florida company was awarded nearly $7 million by the U.S. Court of Federal Claims on March 14 in a long-running case involving a claimed…

Co-authors: Caleb J. Holmes.

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