Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...
Author: Damien M. Schiff A federal judge in South Carolina earlier this month ruled in Deerfield Plantation Phase II-B Property Owners Association, Inc. v. U.S. Army Corps of Engineers that a "negative" jurisdictional determination (JD) issued by the Corps under the Clean Water Act is judicially reviewable. … ...