News & Analysis as of

Property Owners US Army Corps of Engineers

Buchalter

FEMA Order Provides Debris Removal Benefits to Certain Commercial Businesses Damaged By LA Wildfires, But Window to Obtain...

Buchalter on

The Buchalter LA Wildfire Taskforce is happy to report some good news for certain commercial property owners impacted by the LA Wildfires. On March 28, 2025, the Federal Emergency Management Administration (FEMA) agreed...more

Snell & Wilmer

Guide to the LA Fire Debris Removal Process

Snell & Wilmer on

The debris removal process for the LA fires is currently underway. The process is split into two phases, each managed by a different government agency. Phase One is managed by the United States Environmental Protection Agency...more

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

Latham & Watkins LLP on

Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...more

Balch & Bingham LLP

Sackett, One Year Later

Balch & Bingham LLP on

After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more

Foster Garvey PC

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Foster Garvey PC on

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update - September 2020

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flowage Easement/Taking: Pope County, Arkansas Landowner Complaint for Declaratory Judgment Against U.S. Corps of Engineers

Russellville Legends, LLC, (“RLL”) filed a July 29th Complaint for Declaratory Judgment or Alternatively for Damages (“Complaint”) in the United States District Court (Eastern District Arkansas) against the United States Army...more

Pierce Atwood LLP

Army Corps Issues Guidance for Dam and Culvert Removal Credits

Pierce Atwood LLP on

The Army Corps of Engineers recently issued a Regulatory Guidance Letter (RGL) that sets out factors that should be considered by district engineers when determining the amount of mitigation credits that may be allowed for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands Designations/Clean Water Act: Federal Appellate Court Addresses Whether Appropriations Act Mandates Use of U.S. Corps of...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 21st opinion whether language in a prior Congressional Act required the United States Army Corps of Engineers (“Corps”) to continue...more

Williams Mullen

Fate of “Waters of the United States” Rulemaking Now Even Murkier

Williams Mullen on

The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Holland & Knight LLP

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Sullivan & Worcester

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

Seyfarth Shaw LLP

U.S. Army Corps of Engineers Issues Regulatory Guidance Letter on Approved Jurisdictional Determinations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional...more

Ruder Ware

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

Carlton Fields

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

Carlton Fields on

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

Jackson Walker

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Seyfarth Shaw LLP

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Morrison & Foerster LLP

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

Morgan Lewis

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

Morgan Lewis on

Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide