Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

<> Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers - 3/23/15. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 14-12357. Riverkeeper challenges the 2012 version of Nationwide Permit 21 ("NWP 21"), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters.      The district court first determined that Riverkeeper has standing to sue affirming the district court's decision on that point. The district court also held that Riverkeeper's lawsuit was, nonetheless, barred by the equitable doctrine of laches; however, the Appeals Court concluded that the Intervenors had shown neither inexcusable delay on the part of Riverkeeper nor prejudice resulting from Riverkeeper's alleged delay. . . "We, therefore, hold that the district court abused its considerable discretion in barring Riverkeeper's suit."      On the merits, and based on significant change in the facts, supplemental briefs were filed and the Corps then conceded that the district court's decision must be reversed and the matter remanded to the Corps for further consideration based on a more accurate assessment of the potential impacts of NWP 21, to which the Appeals Court agreed.

Kent Recycling Services, LLC v. United States Army Corps of Engineers

<> Kent Recycling Services, LLC v. United States Army Corps of Engineers - 3/23/15. In the U.S. Supreme Court, Docket No. 14-493, Appealed from the Fifth Circuit. The petition for hearing was denied in the case involving issues:      (1) Whether a jurisdictional determination, that is conclusive as to federal jurisdiction under the Clean Water Act, and binding on all parties, is subject to judicial review under the Administrative Procedure Act; and (2) whether a due process claim against an agency action is subject to the finality requirement of the Administrative Procedure Act.