Ecosystem Investment Partners v. Crosby Dredging, L.L.C.
The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits from the company. The company, which invests in projects that re...
M.L. Johnson Family Properties, LLC v. Zinke
A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining. Nevertheless, th...
Atchafalaya Basinkeeper v. United States Army Corps of Engineers
The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers unlawfully issued a permit allowing the construction, and a low...
Ideker Farms, Inc. v. United States
In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the government, arguing that the Corps' management of the Missouri Ri...