Environmental law — Army Corps of Engineers

Posted July 19, 2018 11:18 AM

Where the Army Corps of Engineers failed to conduct a significant nexus test on a wetlands parcel, its jurisdictional decision was remanded.The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge John Robert Blakey.Congress enacted the Clean Water Act in 1972 to restore and maintain the chemical, physical and biological integrity of the nation’s waters. The act prohibits polluting navigable waters of the United States, but does not define what constitutes navigable waters.The job of defining …

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Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
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