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8 Aug, 2016

Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

2019-03-12T09:27:20-05:00August 8th, 2016|Construction Activity, Construction Contractor Advisor, Construction Law, EPA, Midwest Agricultural Law|

Landowners and developers bogged in an EPA wetland determination were recently thrown a life line when the United States Supreme Court determined The Army Corps of Engineer's (Corps) "jurisdictional determinations" (JD) regarding wetland designations are reviewable by the court.  United States Army Corps of Engineers v. Hawkes Co. Inc. Under the Clean Water Act (CWA) landowners and developers who do not have the proper permits can face severe criminal and [...]

9 Jun, 2011

Flood the Farm or the City: The Army Corps of Engineers’ Tough Question

2018-04-23T18:22:24-05:00June 9th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On Friday, June 3, I was helping fill sandbags in Plattsmouth, Nebraska in an effort to protect the waste treament and water treatment plants from expected flooding along the Missouri river.  The volunteer turnout was tremendous but somber as the discussions obviously centered on the potential damage and whether there was anything that could have been done earlier to prevent the possible catastrophe.  Rumors swirled that the Army Corps of Engineers was [...]