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Tag: adjacent wetlands

September 02, 2017

Weekly litigation report — September 2, 2017

This week's topics: Can the executive branch be the judicial branch? When is "just compensation" unjust? Meet the new boss, same as the old boss? ...

August 30, 2017

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers' Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency's Clean Water Act jurisdiction over wetlan ...

January 12, 2017

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more rarely applied) regulatory exception to the Corps’ wetland jurisdiction under the Clean Water Act. According to the Corps’ long-standing rule, the agency general ...

August 25, 2016

Opening salvo in Clean Water Act appeal

Earlier this week, we filed our opening brief on appeal in Universal Welding & Fabrication, Inc. v. United States Army Corps of Engineers.  Our client, Universal Welding, is a family-owned steel and pipe fabrication business, based in North Pole, Alaska.  The company wants to expand its operations to a neighboring parcel.  This parcel has a ...

July 23, 2010

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, hold ...

June 09, 2010

PLF Clean Water Act victory in Alaska

Author:  Damien M. Schiff Yesterday PLF scored a major victory in Great Northwest, Inc. v. United States Army Corps of Engineers, a case concerning a challenge to the Corps' regulatory authority over wetlands.  Great Northwest is a gravel mining operation in Fairbanks, Alaska.  Its property's wetlands are located about a t ...