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Results:1-10 of 11

Contractor’s Inferior Knowledge and Mistake Are No Excuse for Avoiding the Preclusive Effect of a Contractual Release
  • Davis Wright Tremaine LLP
  • USA
  • April 11 2018

As the following decision demonstrates, careful recordkeeping can be critical to avoid forfeiting a claim upon the completion of a project with


Trump Track: One Brief Shining Moment of WOTUS Clarity
  • Davis Wright Tremaine LLP
  • USA
  • January 23 2018

In a rare moment of clarity in the benighted history of the Waters of the United States or WOTUS rule, a unanimous Supreme Court declared that


The Yanomami Model for Superfund
  • Davis Wright Tremaine LLP
  • USA
  • June 15 2017

In a recent editorial, the Wall Street Journal celebrates the new priorities being set by Scott Pruitt's EPA. Mr. Pruitt, in the Journal's opinion, is


WOTUS, We Hardly Knew Ye
  • Davis Wright Tremaine LLP
  • USA
  • March 2 2017

With a flourish of his pen, on February 28 President Trump signed an Executive Order aimed at dismantling the ill-fated Waters of the United States


On Remand from Supreme Court, Hawkes Wins Challenge to Army Corps’ Wetland Determination
  • Davis Wright Tremaine LLP
  • USA
  • January 30 2017

As described on this site last year, the Supreme Court first affirmed the right to challenge wetlands jurisdictional determinations by the Army Corps


Whither WOTUS?
  • Davis Wright Tremaine LLP
  • USA
  • July 14 2016

In June 2015, EPA and the Corps of Engineers released a draft rule to define “waters of the United States,” affectionately referred to as WOTUS. This


The Supreme Court Confirms Right to Challenge Jurisdictional Determinations
  • Davis Wright Tremaine LLP
  • USA
  • June 1 2016

Can a landowner challenge a US Army Corps of Engineers determination that a property contains jurisdictional wetlands? In a unanimous opinion, the


Fifth Circuit rejects application of Sackett to Corps’ jurisdictional determination
  • Davis Wright Tremaine LLP
  • USA
  • August 4 2014

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


New guidance on Clean Water Act jurisdiction: longer federal reach, less certainty
  • Davis Wright Tremaine LLP
  • USA
  • May 4 2011

On May 2, the Environmental Protection Agency and the Army Corps of Engineers jointly published new guidance on how the agencies will determine which waters and wetlands are subject to jurisdiction under the Clean Water Act.


Glory Francke
  • Davis Wright Tremaine LLP