The current federal administration has expressed a desire to defer largely to states through principles of cooperative federalism. A recent case involving the dune construction in Margate, New Jersey, offers
Continue Reading The Margate Dune Project, Cooperative Federalism, and Problems of Litigation Procedure
Army Corps
Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
By Kerri Barsh & John V. Chibbaro on
On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations,…
Continue Reading Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations