And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations. The regional supplement that applies to Alaska uses a standard for growing season much more relaxed than that found in the national manual. And — surprise! — that relaxation just happens to expand the Corps’ regulatory authority, in this case over permafrost. Our lawsuit contends that the Corps is required by law to use its existing national manual unless and until it adopts a new or revised national manual (which it hasn’t done). We expect a decision from the District Court of Alaska sometime later this year.