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View Diary: Bush Judge, in Strongly Worded Opinion, Orders BP to Pay Up (58 comments)

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  •  things to know (1+ / 0-)
    Recommended by:
    ClevelandAttorney

    1)  they prefer these because a big company has lots of lawyers, your client has just you.

    2) be careful,as a wetland definition is a delicate thing.
    you really need to make sure you know what they are doing
    and see what opportunity is there.

    3) it sounds like a discharge into the "Waters of the US"
    in violation of NPDES or w/o a NPDES  
    http://cfpub.epa.gov/...

    but i don't see how EPA is involved,  Ohio has their own authoritiy, this should be a deal with Ohio DEQ,DES.

    •  You certainly know what you are talking about (0+ / 0-)

      The matter I was talking about personally especially.

      If you're curious I do pretty well know the answers here. My matter has been going on since maybe 2001?

      My CLient actually filed a suit like the Sacketts and paid exorbitant legal fees around 2006 (ie a right to bring the suit). I think that their thinking was give it to me I am on salary as they were getting no results when the Federal Government started up and had spent $2,000,000.00.

      I got it and was too eager and foolish to realize I was going up against the DOJ on my own to save money. Somehow I have stayed in it (on my own for 2 years). I read about everything I could on CWA law. I guess it just amazes when I see the resources committed here. And acrimony (I have been yelled at by the judge who called my Client basically a jerk, the DOJ didn't realize they were at dinner on a site inspection and talked to the Scientists about "getting these guys" (I know because my Client's son was seated next to them)).

      And it is both the DOJ and State. The DOJ says there's a Nexus to a nearby River, also that due to a drainage ditch along a highway funneling into that river they have federal authority.

      We had delineations done in the beginning and there is maybe 2 acres somewhere. It's just at a rediculous point, espcecially as now the judge is indicating "settle" and the DOJ is scrambling about if/how they can do after the fact permits. It's just all such a game for them. If this is wetlands, then the state of OH is one big WL.

      yes everything else you said is accurate.

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