Morial v. Smith & Wesson Corp., 785 So. 2d 1 (LA 2001) This case reviews the LA law that retroactively stopped LA cities from suing gun manufacturers. It is a good discussion of the state police power and the state’s…
Category: Clean Water Act
Allowing wetlands to migrate inland as sea level rises – state land use issues
Titus J, Hudgens D, Trescott D, Craghan M, Nuckols W, Hershner C, et al. State and local governments plan for development of most land vulnerable to rising sea level along the US Atlantic coast. Environmental Research Letters. 2009;4(4):044008. with supplement…
Breaking The Golden Rule: Judicial Review of Federal Water Project Planning
Oliver A. Houck, Breaking The Golden Rule: Judicial Review of Federal Water Project Planning, 65 Rutgers Law Review 1-57 (2012) From the Abstract The U.S. Army Corps of Engineers is one of the oldest institutions of the federal government, and…
Draft EPA Rule on the Waters of the United States
Draft EPA Rule on the Waters of the United States – reduced size PDF (23 megs) Draft EPA Rule on the Waters of the United States – original PDF (129 megs) Supporting document on the connectivity of the waters of the United…
The Tulloch Rule
The Tulloch Cases and rule deal with the redeposition of dredged material. Tulloch II – The decision on remand of Tulloch I Tulloch chronology thru 2001 Tulloch_Conforming_Q-As – EPA’s modification of the rule based on the cases. The EPA stepped back to…