Clean Water Act/Rivers and Harbors Act Permit Denials: U.S. Court of Federal Claims Addresses Taking Issue
Co-Author: Austin Reed The United States Court of Federal Claims (“Court”) addressed in a March 20th opinion a Fifth Amendment takings case. See Lemon Bay Cove, LLC v. United States, No. 17-436L, 2020 WL 1316839. The taking allegedly occurred because of the United States Army Corps of Engineers…
Electric Transmission Incentives Regulation: Federal Energy Regulatory Commission Federal Register Notice Proposes Revisions
The Federal Energy Regulatory Commission (“FERC”) published an April 2nd Federal Register Notice proposing to revise its transmission policy and corresponding regulations (“Regulations Revisions”). See 85 Fed. Reg. 18784. The FERC states that the Regulation Revisions are being proposed: . . . in…
Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate (Correction)
The post yesterday addressing this Arkansas Court of Appeals decision contained an error. In addressing the Court’s outlining of principles of statutory interpretation, the post referenced the phrase “plain and ambiguous.” The phrase actually found in the Opinion was “plain and unambiguous.” The…
Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate
The Arkansas Court of Appeals (“Court”) addressed in a March 18th Opinion a challenge to the application of Arkansas Code Annotated Section 20-7-136 (Act 197). See 2020 Ark. App. 180. Act 197 provides that: “[t]he company, corporation, municipality, county, government agency, or other entity that…
Waters of the United States/Clean Water Act: Environmental Organizations File Judicial Challenge to U.S. Environmental Protection Agency/Corps of Engineers Final Rule
The Conservation Law Foundation and other environmental organizations (collectively “CLF”) filed a Complaint in the United States District for the District of Massachusetts challenging the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “EPA”)…