Congress’s requirement that a fish-passage structure “maintain” a Savannah pool “for water supply and recreational activities, as in existence on the date of the enactment of this Act” does not require the U.S. Army Corps of Engineers to keep the ...

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Years after the defendant-agencies developed their original environmental impact statement (EIS) for a proposed bridge over Currituck Sound, the state renewed its plans to build the bridge. In the interim, coastal development and traffic projections decreased, and expected sea level ...

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Ohio Valley Environmental Coalition Inc. v. U.S. Army Corps of Engineers (Lawyers Weekly No. 001-122-16, 19 pp.) (Duncan, J.) No. 14-2129, July 8, 2016; USDC at Charleston, W.Va. (Copenhaver, J.) 4th Cir. Holding: The 4th Circuit upholds a district court ...

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RICHMOND, Va. (AP) — Potentially cleaner rivers or possible higher electric prices. That is what’s at stake in an upcoming federal court ruling in Virginia that could have far-reaching effects on how energy companies dispose of the waste known as ...

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Clean Air Carolina v. North Carolina Department of Transportation (Lawyers Weekly No. 15-02-0902, 31 pp.) (James Dever III, C.J.) 5:14-cv-00863; E.D.N.C. Holding: Even though Transportation System Management improvements have raised the average peak speed on U.S. Highway 74 considerably, the ...

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Rose Acre Farms, Inc. v. North Carolina Department of Environment & Natural Resources (Lawyers Weekly No. 15-02-0777, 18 pp.) (James Dever III, C.J.) 5:14-cv-00147; E.D.N.C. Holding: Since Congress chose state courts to be the means by which parties may challenge ...

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House of Raeford Farms, Inc. v. North Carolina Department of Environment & Natural Resources (Lawyers Weekly No. 15-07-0725, 26 pp.) (John Tyson, J.) Appealed from Duplin County Superior Court (John Nobles Jr., J.) N.C. App. Holding: Even though respondent showed ...

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Goldfarb v. Mayor and City Council of Baltimore (Lawyers Weekly No. 15-01-0687, 40 pp.) (Agee, J.) No. 14-1825, July 1, 2015; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: In plaintiff Maryland residents’ suit under the Resources Conservation and ...

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South Carolina Coastal Conservation League v. U.S. Army Corps of Engineers (Lawyers Weekly No. 15-01-0636, 22 pp.) (Hamilton, J.) No. 14-1796, June 17, 2015; USDC at Charleston, S.C. (Gergel, J.) 4th Cir. Holding: The 4th Circuit says a district court ...

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Cape Fear River Watch v. North Carolina Environmental Management Commission (Lawyers Weekly No. 15-06-0597, 14 pp.) (Sam Ervin IV, J.) (Robert Edmunds Jr., J., not participating) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. S. Ct. Holding: The ...

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