Opening salvo in permafrost litigation

October 24, 2016 | By DAMIEN SCHIFF

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 ...


Wetlands – welcome to the club!


Author: Reed Hopper We have often lamented the gross overreaching of federal agencies under the Clean Water Act.  When all is said and done, the Corps and EPA have pushed this law to its limits, and beyond, to justify regulating virtually every pond, puddle and ditch in the country.  It now appears our Canadian neighbors … ...


Victory in Clean Water Act appeal

August 07, 2009 | By DAMIEN SCHIFF

Author:    Damien M. Schiff Last week in Simsbury-Avon Preservation Society v. Metacon Gun Club, the Second Circuit Court of Appeals issued a commonsense decision that the firing of lead bullets over dry land does not violate the Clean Water Act prohibition on the discharge of a pollutant into waters of the United States.  In the case, local ...