9th Circuit Wrestles With 'Futurity' In Suit Over Corps' Wetlands Handbook

Appellate judges weighing the legality of the Army Corps of Engineers' regional supplements to its handbook for identifying wetlands under the Clean Water Act (CWA) appeared split at oral argument on whether a 1992 spending law bars the practice of using regional handbooks, with one judge backing that claim and another strongly questioning it. During June 13 argument in Tin Cup, LLC, v. Corps , before the U.S. Court of Appeals for the 9th Circuit, two members of the panel...