Wetlands

An Ohio appellate court held that the state environmental review board erred in affirming portions of Ohio EPA's CWA §401 water quality certification that prohibited a coal mining company…

The Federal Claims Court denied a motion to dismiss a wetlands mitigation bank's breach of contract claim against the government. A family formed the bank to manage two tracts of valuable…

A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation…

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a…

The Sixth Circuit held that the U.S. Army Corps of Engineers complied with NEPA and the CWA when it issued a §404 permit to a mining company for a secondary mining project that was part of a…

A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat. The Corps issued its…

The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of…

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in…

A district court denied environmental groups' motion to preliminarily enjoin the construction of segments of the Keystone XL pipeline. After an oil company's original request to complete…

The Federal Circuit affirmed a lower court decision dismissing a landowner's claim for just compensation under the Fifth Amendment for an alleged taking based on the U.S. Army Corps of…