Water

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Representative Water Cases

$27 Million Judgment for Taking of Water Rights

Marzulla Law successfully represented a group of California water districts in a claim for the unconstitutional taking of their water rights. The court awarded $27 million in damages and attorney’s fees.

Tulare Lake Basin Water Storage Dist. v. United States, 61 Fed. Cl. 624 (2004).

Developer Gets Wetlands Permit After Suing Corps

Marzulla Law successfully represented a Nevada developer who sued the Corps of Engineers after the Corps issued a Cease and Desist Order halting construction of a 2200-acre mixed-use development in Reno. Prior to trial the Corps changed its position and agreed to issue a Section 404 wetlands permit, allowing the developer to complete the project.

Norman v. United States, 429 F.3d 1081 (Fed. Cir. 2005).

Government Drops Wetland Prosecution on Eve of Trial

Marzulla Law successfully defended Michigan residents in a test case brought to prohibit 200 beachfront homeowners from grooming and maintaining their beaches. Following depositions of the government’s witnesses, on the eve of trial, the government admitted that it could not prove the case and dismissed it.

United States v. Kincaid, Case No. 02-CV-10149 (E. D. Mich. 2003)

Wetland Delineation, Permitting, and Compliance

Marzulla Law has successfully represented numerous clients in all phases of wetland jurisdictional determination, delineation, permitting and compliance, including housing and commercial developments, golf courses and resorts.

Endangered Species Permits and HCP’s

Marzulla Law has successfully represented developers, public agencies, natural resource companies and others in all aspects of endangered species permitting, including Habitat Conservation Plans and Incidental Take Permits, as well as compliance and enforcement issues arising from endangered species listings. We have also litigated listing and critical habitat issues, biological opinions and “reasonable and prudent alternatives” affecting water rights and agriculture.

Other representative cases our lawyers have handled:

• Successfully represented Texas plastics manufacturer in Clean Water Act prosecution.

• Successfully represented Georgia landowner in re-delineation of wetlands.

• Successfully represented Louisiana casino boat owner in settling Oil Pollution Act and Clean Water Act suit brought by Coast Guard.

 

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