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Supreme Court deadlocks on Borden Ranch case in 4-4 tie

Four Supreme Court Justices have sent a clear warning to the U.S. Corps of Army Engineers and EPA that they are overreaching their powers under the Clean Water in the case of Borden Ranch Partnership v. United States Army Corps of Engineers, No. 01-1243. Justice Kennedy did not participate in the Court's decision, leaving the Justices equally divided and unable to render a decision. Mayer, Brown, Rowe & Maw LLP partner Timothy Bishop says the Supreme Court is likely to revisit these issues soon in a new case, and he expects a favorable outcome for property owners.


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