McCabe Russell, PA’s Post

MIIGWECH! Honoring the ongoing collaboration between Tribal, State, and Federal courts in Michigan on #MichiganIndianDay. Learn more about the history of this state observance: https://buff.ly/3PuPCyV.

They say no good deed goes unpunished, but when it comes to title searching, we tend to disagree. 🏡 A big thanks to our friend Joseph A Grabas, CTP, NTP, New Jersey title searcher extraordinaire, for sending us a few copies of his new book "Owning New Jersey: Historic Tales of War, Property Disputes & the Pursuit of Happiness." Congrats, Joe! 👏 #propertydisputes #njrealestate #landuselaw #njlanduselaw #localgovernmentlaw

We caught up with Joint Head of College, Abi Botterill, in today's 'A Conversation With...' feature! Many will know Abi from the #ShiplakeNetball court and in this feature, we learn about her memorable times at the College, plans post-Shiplake, and more. Read the full feature at https://buff.ly/3VCKcFc #ShiplakeIndividual

In this video, I discuss the conservative right and contraceptive laws.

“They can’t sue us because we stopped doing what they sued us for” isn’t going to fly well in the Fifth Circuit. Like duck hunters in a Louisiana bayou, the Fifth Circuit shoots down the U.S. Army Corps of Engineers’s attempt to have this Clean Water Act case remanded for mootness in this engaging administrative law decision (and no, that is not an oxymoron). The agency argued that it had voluntarily withdrawn its (third) challenged Approved Jurisdictional Determination (AJD), so the case was now moot. (No challenged agency action > No case or controversy > No jurisdiction.) Yet the court ruled the USACE didn’t go all the way and show that the conduct “could not be reasonably expected to recur.” In fact, the agency indicated it was going to try again. The agency’s position, Judge Edith Jones concluded, risked creating an “endless loop” of litigation. At a certain point (such as after a definitive Supreme Court ruling a la Sackett v. EPA), “[e]nough is enough.” Take away: Government actors should tread carefully when advancing a voluntary-cessation mootness argument in the Fifth Circuit. This is not the court’s first warning. In recent years, the Fifth Circuit has been increasingly skeptical of government actors’ mootness arguments. And seeing an ally in Justice Ketanji Brown Jackson’s distaste for the associated doctrine of Munsingwear vacatur, the Fifth Circuit’s skepticism is likely to continue. Finally, in the last footnote (which Judge Higginson did not join), Judge Jones offered government actors a bonus tip: If an appellate court not only rejects your voluntary-cessation mootness argument but also feels compelled to remind you of the Equal Justice Act’s bad-faith, fee-shifting provision, you may want to reconsider your enforcement tactics. #AppellateLinkedIn #FifthCircuit #AdministrativeLaw #WOTUS