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Showing 2 posts from March 2013.

CWA Pre-Suit Notice Must Be Specific, But Not That Specific
Posted on March 18, 2013 by: Shoshana (Suzanne Ilene) Schiller

On March 13, 2013, the First Circuit issued its opinion in Paolino v. JF Realty, LLC,No. 12-2031 (1st Cir. Marc. 13, 2013), reversing in part the District Court’s dismissal of a Citizen’s Suit brought pursuant to the Clean Water Act, and in so doing addressing an “issue of first impression in the First Circuit as to the standard for measuring the sufficiency of the mandatory pre-suit notice which must be given” before such a suit can be brought.   Read More »

Army Corps’ Jurisdictional Determination Is Not A Final Agency Action Within The Meaning Of The Administrative Procedures Act
Posted on March 9, 2013 by: Shoshana (Suzanne Ilene) Schiller

The U.S. District Court for the Middle District of Louisiana recently ruled that an U.S. Army Corps of Engineers’ approved jurisdictional determination finding wetlands subject to the Clean Water Act (CWA) is not a final agency action within the meaning of the Administrative Procedure Act (APA). The court further held that its holding was not impacted by the U.S. Supreme Court’s recent decision in Sackett v. EPA. Read More »