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Tag: Alaska Supplement

September 27, 2017

Who knew that permafrost was “navigable water”?

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 ...

February 22, 2017

Alaska legislators lodge support for permafrost case

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing legal challenge, the legislators’ letter explai ...

October 24, 2016

Opening salvo in permafrost litigation

Last week, we filed our summary judgment brief in Tin Cup, LLC v. United States Army Corps of Engineers. At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside of Fairbanks, Alaska. But on a larger plane, the case contests the Corps’ practice ...

May 03, 2016

Is frozen ground "navigable water"?

So asks Tin Cup LLC v. United States Army Corps of Engineers, a new lawsuit filed late yesterday by PLF attorneys in federal district court in Alaska.  (Check out our press release).  Representing a small, family-owned pipe fabrication company, PLF challenges the Army Corps of Engineers’ special “Alaska Supplement” for wetland ...