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Administration
April 2007: Ninth Circuit Determines Best Management Practices May Be Used Instead of Numerical Limits For Storm Water Discharges San Francisco Baykeeper v. Cargill Salt Division, ___F.3d___ 04-17554 & 05-15051 (9th Cir. March 8, 2007)
October 2006: Ninth Circuit Applies Rapanos and Holds City of Healdsburg’s Wastewater Discharge into Former Mining Pond Subject to Clean Water Act Northern California River Watch v. City of Healdsburg, ___F.3d___ 04-15442 (9th Cir. Aug. 10, 2006)
April 2006: Environmental Groups Sue to Halt Dredging and Filling along the Santa Clara River Wishtoyo Foundation/Ventura Coastkeeper et al. v. U.S. Army Corps of Engineers CV06-0881, filed Feb. 14, 2006 (C.D. Cal.)
March 2005: The New World of State and Local Wetlands Regulation
January 2005: Sixth Circuit Further Defines ‘Adjacent Wetland’ Jurisdiciton under the Clean Water Act Carabell et al. v. U.S. Army Corps of Engineers, et al., ___F3d___ 03-1700 (6th Cir. Sept. 27, 2004)
May 2004: U.S. General Accounting Office Conducts Study Regarding U.S. Army Corps of Engineers’ Practices in Determining Jurisdiction under the Clean Water Act
March 2003: Clean Water Act Regulatory Definition of "Waters of the United States" to Undergo Further Refinement
March 2001: United States Fish and Wildlife Service Issues Draft Environmental Assessment for Agricultural Program on Tule Lake National Wildlife Refuge
February 2001: Federal: United States Supreme Court Narrows the Federal Government's Authority to Regulate Wetlands Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, et al ___U.S.___, No. 99-1178, 01 C.D.O.S.269 (Jan. 9, 2001)
Ballona Westlands
November 2003: Actions Begun to Protect Three Southern California Wetland Areas
Bills and Proposed Legislation
May 2006: South Carolina Conservationists, Realtors Propose Legislation to Address Isolated Wetlands
Bolsa Chica Wetlands
November 2003: Actions Begun to Protect Three Southern California Wetland Areas
California Wetland and Riparian Area Protection Policy
May 2007: State Water Resources Control Board Considers Alternatives for Filling the Gap in Wetlands Regulation Wetland and Riparian Area Protection Policy (Proposed Policy) State Water Resources Control Board (2007)
Civil and Criminal Penalties
March 2005: U.S. Supreme Court Asked to Review Another Clean Water Act Case United States v. Rapanos 376 F.3d 629 (6th Cir. 2004)
March 2005: Certiorari Filed for Third Time in U.S. Supreme Court in Clean Water Act Adjacent Wetlands Case United States v. Rapanos, 376 F.3d 629 (6th Cir. 2004), cert. filed, U.S. Supreme Court 04-1034, Jan. 28, 2005
Civil Enforcement Actions
February 2007: New Jersey Appellate Court Finds Trial Court Erred in It’s Failure to Make Findings of Fact and Conclusions of Law in Environmental Action to Enjoin Alleged Stormwater Discharges into Adjacent Wetlands Stahl v. Barressi A-1063-05T3 (N.J. App. Div. Jan. 16, 2007)
November 2005: Recent Investigations,Settlements, Penalties and Sanction
Consent Decrees
April 2005: Settlement of EPA Allegation Related to Filling Wetlands Costs California Farming Operation $1.15 Million United States v. Adam Bros. Farming Inc., et al. 00-cv-7409 (C.D. Cal)
Consultant Liability
February 2008: Rhode Island Supreme Court Reviews Economic Loss Doctrine in Claim against Consultant that Caused Wetlands Damage Franklin Grove Corp. v. Drexel 2007-84-Appeal (Rhode Island Dec. 20, 2007)
Deep Ripping
August 2002: Supreme Court: United States Supreme Court Grants Certiorari to Consider whether Plowing Ranchland to Prepare It for Crops Requires a Section 404 Permit under the Federal Clean Water Act Borden Ranch Partnership, et al. v. United States Army Corps of Engineers, et al., Cert Granted, 122 S.Ct. 2355(2002).
October 2001: Budget Cut Threats Have Not Drowned the Reach of the Clean Water Act Borden Ranch Partnership v. U.S. Army Corps of Engineers and U.S. Environmental Protection Agency, ___F.3d___, Case No. 00-15700 (9th Cir, Aug. 15, 2001).
Delta Wetlands Project
July 2002: Delta Wetlands Project Prevails in Water Rights Litigation Central Delta Water Agency, et al. v. State Water Resources Control Board, et al. Case No. 01CS00345 (Sacramento County Superior Court April 25, 2002)
Development
August 2003: Sixth Circuit Affirms Use of All Writs Act to Compel Non-Party to Cooperate with Consent Decree United States of America v. City of Detroit 329 F.3d 515 (6th Cir. 2003).
March 2001: Delta Wetlands Project Gets First Nod of Approval from State Water Resources Control Board
Dredge and Fill
April 2006: aaa aaa aaa
Dredge and Fill Permits
April 2007: District Court Rejects Tulloch II Rule—Scope of Corps’ Dredge and Fill Permitting Jurisdiction again Called into Question National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 01-0274 (D. D.C. Jan. 30, 2007)
February 2007: New Hampshire Supreme Court Affirms Developer’s Right to Proceed in Construction within Wetlands Area Greenland Conservation Commission v. New Hampshire Wetlands Council 2005-578 (N.H. Dec. 19, 2006)
September 2005: Corps of Engineers’ Issuance of Revised Nation Wide Permits Was ‘Final Agency Action’ Subject to Review under the Administrative Procedure Act National Ass’n of Home Builders, et al. v. U.S. Army Corps of Engineers, ___F.3d___ 04-5009 (D.C. Cir. July 29, 2005)
September 2005: Fifth Circuit Allows Dredge and Fill Permit for Construction of Ship Terminal at Bayport Shipping Channel Off Galveston Bay City of Shoreacres v. Waterworth, ___F.3d___ 04-20527 (5th Cir. Aug. 8, 2005)
October 2004: Ninth Circuit Finds U.S. Army Corps of Engineers’ Clean Water Act Jurisdiction Could Encompass Entirety of Proposed Development Site Save Our Sonoran, Inc. v. U.S. Army Corps of Engineers, et al., ___F.3d___ 02-16156, 02-6263, 02-16355 (9th Cir. Aug. 26, 2004)
June 2004: State Water Resources Control Board Proposes Statewide General Waste Discharge Requirements to Waters Deemed outside Federal Jurisdiction.
June 2004: Eleventh Circuit Affirms Sentencing for Continuous Discharging of Nonhazardous Pollutants on Wetlands without a Permit. 02-16627 (11th Cir. April 20, 2004). United States v. Perez, ___F.3d___
May 2004: U.S. Army Corps of Engineers Northwestern Division Interprets Clean Water Act to Extend to Irrigation Canals and Ditches
December 2003: State Water Resources Control Board Issues Draft Water Quality Order on Statewide General Waste Discharge Requirements for Dredged or Fill Discharges
August/September 2003: Fourth Circuit Interprets U.S. Supreme Court Case on Isolated Wetlands under Section 404 of the Clean Water Act United States v. Deaton 332 F.3d 698 (4th Cir. 2003).
November 2002: D.C. Circuit Holds Relevant Value for a Takings Analysis of Federally Regulated Wetlands Is the Value of the Entire Parcel of Land at Issue, without Adjustment for Inflation Walcek, et al., v. United States, ___F.3d___ Case No. 01-5108 (D.C. Cir. Sept. 11, 2002)
August 2002: In Arizona, Federal Judge Halts North Phoenix Development Based on Effects of Clean Water Act Permit Save Our Sonoran v. Flowers, et al., ___F.Supp..2d___, Case no. CIV-02-0761-PHX-SRB (D. Az.)
July 2002: A Peat Mining Company Petitions to the United States Supreme Court to Address EPA's Authority in a State-Administered Wetland Permit Program Under the Clean Water Act Michigan Peat v. United States, (6th Cir. 2001) petition for cert. filed Case No. 011384 (U.S. Mar. 18, 2002).
March 2002: New, Relaxed Nationwide Permits Become Effective March 18, 2002
General Permits
September 2005: Requirement to Obtain a Permit Prior to Conducting Activities on Ore’s Wetland Property Not Considered Overbroad or Vague Wien v. State of Delaware 3492004 (Del. July 22, 2005)
November 2003: Water and Wine: Regulation of Vineyard and Winery Development and Operation in California’s North Coast Counties
June 2003: Fourth Circuit Approves Nationwide Permit Program for Construction of Wastewater Treatment Plant Crutchfield v. County of Hanover 325 F.3d 211 (4th Cir. 2003).
Grantor Liability
June 2009: North Carolina Court of Appeal Upholds Partial Grant of Summary Judgment against Purchaser of Properties Containing Wetlands Sunset Beach Development, LLC v. AMEC, Inc., et al., ___ S.E.2d.___ COA08-324 (N.C.App. April 7, 2009)
Irrigation Canals
May 2004: U.S. Army Corps of Engineers Northwestern Division Interprets Clean Water Act to Extend to Irrigation Canals and Ditches
Issolated Waters
November 2004: Reactions to Guidance for SWRCB Regarding Proposed Regulation of “Isolated” Waters
Migratory Bird Rule
May 2001: Everybody Out of the (Vernal) Pool!? The Army Corps' Jurisdiction over Isolated Intrastate Waters Dries Up as the US Supreme Court Shoots Down the "Migratory Bird Rule"
No Net Loss Policy
June 2005: Federal Government Report Claims Progress in Achieving Bush’s Wetlands Initiative
February 2003: U.S. Army Corps of Engineers and Environmental Protection Agency Jointly Issue Guidance on Agencies' Federal Wetlands Jurisdiction and Re-Affirm "No Net Loss" Policy
Pesticides
December 2002: Circuit Court: Second Circuit Vacates Dismissal of Lawsuit Alleging Pesticide Applications in Wetlands Violate Federal Law Altman v. Amherst ___F.3d___, Case No. 01-7468 (2nd Cir. Sept. 26, 2002)
Restoration
March 2006: Los Angeles Department of Water and Power Begins Work to Restore Section of the Lower Owens River
Takings
April 2003: Sixth Circuit Reverses Trial Court's Vacating of Clean Water Act Fine United States v. Pauley ___ F.3d ___, Case No. 012107 (6th Cir. Feb. 24, 2003).
November 2002: D.C. Circuit Holds Relevant Value for a Takings Analysis of Federally Regulated Wetlands Is the Value of the Entire Parcel of Land at Issue, without Adjustment for Inflation Walcek, et al., v. United States, ___F.3d___ Case No. 01-5108 (D.C. Cir. Sept. 11, 2002)
Tulloch II Rule
April 2007: District Court Rejects Tulloch II Rule—Scope of Corps’ Dredge and Fill Permitting Jurisdiction again Called into Question National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 01-0274 (D. D.C. Jan. 30, 2007)
Wetlands Reserve Program
November 2003: Ninth Circuit Holds the United States Need Not Get Approval from Landowner before Implementing a Conservation Plan on Land Subject to a Permanent Conservation Easement Big Meadows Grazing Ass’n v. United States ___F.3d___, Case No. 02- 35764 (9th Cir. Sept. 15, 2003).
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