9th Circ. Revives Barnum Suit Over Calif. Creek

Law360, New York (February 3, 2011, 5:16 PM EST) -- The Ninth Circuit has revived Barnum Timber Co.'s suit challenging the U.S. Environmental Protection Agency's designation of a California creek as an area of heightened protection under the Clean Water Act.

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit remanded the suit Thursday, with Circuit Judge Jay S. Bybee writing in the majority opinion that Barnum had shown it had standing to bring the suit as a landowner whose property values were diminished by the EPA's designation.

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