July 23, 2010

Clean Water Act victory in Alaska—round two

By Clean Water Act victory in Alaska—round two

Author:  Damien M. Schiff

A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The case concerned the Corps' Clean Water Act regulatory exception for wetlands adjacent to other, jurisdictional wetlands.  The court ruled in our favor, holding that our client's wetlands were wetlands adjacent to other wetlands and, for that reason, beyond the scope of the Corps' CWA power.

Following the decision, the Corps filed a motion for reconsideration, arguing that the court should have remanded the case to the Corps to allow it the opportunity to concoct another theory under which it could regulate our client's property.  We opposed the motion, and in a decision issued this week, the court denied the motion, holding that a remand would be fruitless.

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