Publication Date


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Survey Article


Relatively few environmental cases were decided in the United States Court of Appeals for the Eleventh Circuit in 2010. The court decided a case holding that the portion of the Omnibus Appropriations Act of 2009, which funded a mile-long bridge in the Everglades, repealed the National Environmental Policy Act of 1969, Endangered Species Act, and other environmental laws to the extent they applied to the construction project. Additionally, the court decided that the leadbased paint hazard warning required to be included in residential leases pursuant to the Residential Lead-Based Paint Hazard Reduction Act had to be reproduced in such leases verbatim. Finally, the court concluded that a determination by the United States Corps of Engineers (Corps) that limestone mining in wetlands was a water dependent activity for the purposes of issuing dredge and fill permits under the Clean Water Act' was arbitrary and capricious.