Who knew that permafrost was ‘navigable water’?

September 27, 2017 | By DAMIEN SCHIFF

Yesterday, we received an adverse decision in Tin Cup LLC v. U.S. Army Corps of Engineers. In this case, we represent a small, family-run Alaska pipe and steel fabrication firm in its challenge to the Corps’ assertion of Clean Water Act jurisdiction over some 200 hundred acres of permafrost on the company’s Fairbanks property. We ̷ ...