From Al Malefatto of GT West Palm Beach and Kerri Barsh of GT Miami:

As we wrote earlier, in New Hope Power Company and Okeelanta Corporation v. United States Army Corps of Engineers and Steven L. Stockton, U.S. District Judge K. Michael Moore of the Southern District of Florida enjoined the U.S. Army Corps of Engineers’ from enforcing its guidance documents, which modified the Corps’s interpretation of its wetlands regulations.

The Corps, and other parties, appealed Judge Moore’s decision, but last month the appellants voluntarily dismissed those appeals.  Click here and here to see the two orders of dismissal.  Stay tuned to see if the Corps decides to promulgate new regulations to determine whether prior converted crop lands may be regulated as wetlands under Section 404 of the Clean Water Act, if those lands are no longer used for agricultural purposes.

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.