<> David Herr v. U.S. Forest Service - 10/9/15. In the
Herr sued seeking to enjoin enforcement of the regulation on the ground that the relevant federal statute preserves their state-law property right to use all of the lake. The district court held that a six-year time bar on the action was jurisdictional and that the Herr had waited too long to file this lawsuit. The
Tuesday, October 13, 2015
<> State of Ohio v. U.S. Army Corps of Engineers - 10/9/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos.15-3799/3822/3853/3887 involving many other states, including Michigan, challenge the validity of a Final Rule adopted by respondents U.S. Army Corps of Engineers and U.S. EPA, "the Clean Water Rule" (i.e. WOTUS rule).
The dissenting judge said, "I believe that it is not prudent for a court to act before it determines that it has subject-matter jurisdiction. . . If we lack jurisdiction to review the Rule, then we lack jurisdiction to grant a stay."