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Monday, May 3, 2021 U.S. District Court Rejects Appeal of Corps 404 Permit and Biological Opinion as Collateral Attack on FERC License Amendment Order In Save the Colorado v. Semonite, U.S. District Judge Christine Arguello ruled that the U.S. District Court for the District of Colorado did not have jurisdiction to hear a challenge by environmental groups to a Clean Water Act (CWA) section 404 permit issued by the U.S. Army Corps of Engineers (Corps), or an associated biological opinion under the Endangered Species Act (ESA) issued by the U.S. Fish and Wildlife Service (USFWS), for the City and County of Denver’s proposed dam raise and reservoir expansion. In a March 31 order, the district court dismissed the case, finding that the exclusive forum for challenging the dam raise was in the U.S. court of appeals because both agency approvals were “inextricably intertwined” with a license amendment granted by the Federal Energy Regulatory Commission (FE ....
To embed, copy and paste the code into your website or blog: The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on appeal. The Appellate Law Group consists of attorneys with knowledge and experience in understanding the intricacies of the appellate process and navigating a case successfully through the appellate courts. The cases below provide a sampling of some of Roetzel’s work and highlight the professional excellence and top-notch skills consistently displayed by the appellate team. ....
Counsel: C.G. Bendick, for the respondent Keywords: Provincial Offences, Building Code Violations, Administrative Law, Orders, Collateral Attack, Building Code Act, ss. 1, ss. 8(1), ss. 12(2), ss. 25, ss. 36(1), R v Consolidated Maybrun Mines Ltd., [1998] 1 SCR 706, Wilson v The Queen, [1983] 2 SCR 594, R v Bird, 2019 SCC 7, Garland v Consumers Gas Co., 2004 SCC 25, Amtim Capital Inc. v Appliance Recycling Centers of America, 2014 ONCA 62, R v Domm, (1996) 31 OR (3d) 540 (CA), Canada (Attorney General) v Telezone Inc., 2010 SCC 62, Toronto (City) v CUPE, Local 79, 203 SCC 63, 864503 Alberta Inc. v Genco Place Properties Ltd., 2019 ABCA 80 facts: Building Code Act (the Building Code ). Between 1973 and 1996 the appellant erected several buildings on his property and entered into site plans and ....