New Hope Power Company

The firm represented the Company and won summary judgment in the Southern District of Florida, which enjoined the U.S. Army Corps of Engineers from applying rules pertaining to its regulatory jurisdiction over certain former wetlands.  The Court held that the Corps, by relying only on its own internal memoranda, had failed to properly promulgate the rules through the notice-and-comment rulemaking procedures required under the Administrative Procedure Act.  The decision has wide import, as it directly affects approximately 700,000 acres within the Everglades Agricultural Area (EAA), and other hydrologically-managed lands nationwide for which non-agricultural uses may be proposed.