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Tag: United States Army Corps of Engineers

July 08, 2013

Army Corps issues new ESA guidance

One of the most important provisions of the Endangered Species Act is Section 7, which requires, inter alia, that federal agencies ensure that their discretionary actions do not jeopardize the continued existence of any listed species, or adversely modify its critical habitat.  The provision also requires federal agencies to consult with the Natio ...

February 06, 2013

PLF joins legal fight over Eagle Mine

The first new copper and nickel mine to open in Michigan’s Upper Peninsula in decades should be up and running next year.  After passing intensive environmental review, Eagle Mine obtained all state approvals necessary to begin operations.  It will soon employ hundreds of workers and will be an economic bright spot in a part of ...

May 16, 2011

Another twist in the LA River saga

Author:  Damien M. Schiff The LA River has been getting a lot of attention these last several years.  First, it came up in Justice Kennedy's concurring opinion in Rapanos, as an example of a waterbody that doesn't flow all year round but that nevertheless can have a significant environmental impact (because of winter flash ...

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 ...

July 09, 2010

The LA River's navigability: what's the big deal?

Author:  Damien M. Schiff This week the EPA announced that it was reversing a 2008 Army Corps of Engineers determination that the Los Angeles River (whose headwaters form in the San Fernando Valley and empties some 51 miles away into San Pedro Bay) is not a "traditional navigable waterbody" for purposes of federal regulation.  ...