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The Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit
  • Ogletree Deakins
  • USA
  • September 30 2016

The legal showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) over the agency's background check guidance took

Jurisdictional Determinations Are Reviewable By The Courts
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 1 2016

In a widely anticipated decision in the wake of the Sackette v. EPA (132 S.Ct. 1367 (2012) decision, the U.S. Supreme Court decided that federal

U.S. Army Corps of Engineers provides new resource for marine operators
  • Kean Miller LLP
  • USA
  • July 1 2015

On May 26, the U.S. Army Corps of Engineers launched a new website to provide the public and industry interests with nationally-issued Notices To

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

Significant 5th Circuit ruling on preenforcement Clean Water Act review under US v. Sackett, holding Corps of Engineers' judicial determination not a final agency action
  • Pillsbury
  • USA
  • August 3 2014

In the case of Belle Company, L.L.C., et al., v. U.S. Army Corps of Engineers, decided July 30, 2014, the US Court of Appeals for the Fifth Circuit

Fifth Circuit finds Corps not liable for Katrina damages
  • Shook Hardy & Bacon LLP
  • USA
  • October 5 2012

The Fifth Circuit Court of Appeals has ruled that the U.S. Army Corps of Engineers is not liable for damages caused by canal breaches that occurred in New Orleans during Hurricane Katrina.

Fifth Circuit affirms ruling that Corps is liable for Katrina damage
  • Shook Hardy & Bacon LLP
  • USA
  • March 16 2012

The Fifth Circuit Court of Appeals has affirmed a district court ruling finding the U.S. Army Corps of Engineers (Corps) liable to several Louisiana property owners for its negligent work maintaining a shipping channel between New Orleans and the Gulf of Mexico, which purportedly caused billions of dollars in damage as the result of Hurricane Katrina in 2005.

“Something smells at EPA”: Fifth Circuit Court of Appeals rejects EPA’s mission creep with CAFOs
  • Taft Stettinius & Hollister LLP
  • USA
  • April 12 2011

The Fifth Circuit Court of Appeals, sitting as the designated court to hear the Multi-District Litigation appeals to six circuit courts of appeal from EPA's 2008 Concentrated Animal Feeding Operations (CAFO) Rule, recently held that U.S. EPA overstepped its authority when it required all CAFOs to apply for NPDES discharge permits.

Tort: corp’s contractor not eligible for government-contractor immunity in Katrina lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

The Fifth Circuit Court of Appeals has ruled that a contractor retained by the U.S. Army Corps of Engineers (Corps) is not immune from liability in a lawsuit seeking damages for work it performed around a floodwall that failed during Hurricane Katrina.

U.S. Court of Appeals upholds government contractor defense in Hurricane Katrina mass tort litigation
  • Winston & Strawn LLP
  • USA
  • December 9 2009

On November 25, 2009, the U.S. Court of Appeals for the Fifth Circuit upheld the lower court decision that dredging companies which performed maintenance dredging in the Mississippi River Gulf Outlet (MRGO) navigational canal for the U.S. Army Corps of Engineers (“Army Corps”) were not legally responsible for the Hurricane Katrina flooding of New Orleans because of the government contractor’s defense.