New Hope Power Wins Suit Over 'Wetlands' Definition

Law360, New York (September 30, 2010, 1:45 PM EDT) -- A federal judge has ordered the U.S. Army Corps of Engineers to set aside rules implemented without a public notice or comment period that allegedly improperly extended the Corps' jurisdiction under the Clean Water Act by altering how the agency makes wetland determinations.

Granting summary judgment to renewable energy company New Hope Power Co., Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida held Wednesday that two memoranda constituted new legislative rules and thus could not be applied because the...
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