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President Trump’s Roll-Back of the Clean Water Act

March 07, 2017

On February 28, 2017, President Trump signed an executive order subtitled; “Restoring the rule of law, federalism, and economic growth by reviewing the ‘Waters of the United States’ rule”. With the stroke of his pen, and with Scott Pruitt sitting...

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Mitigation Banks’ Uncertain Future

April 26, 2016

Developments across the country in recent years put into question the financial viability of establishing mitigation banks that provide compensatory mitigation for unavoidable impacts to waters of the United States that are permitted under Section...

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Wetland Mitigation Banking Agreements Are Binding Contracts Against The Corps

April 07, 2014

For the first time since Congress passed the Clean Water Act in 1972 a federal court has ruled that a wetland mitigation banking instrument (“MBI”) is a contract enforceable against the U.S. Army Corps of Engineers. The decision came from the...

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