New Hope Power Company, et al. v. United States Army Corps of Engineers, No. 10-22777-CIV-MOORE/SIMONTON, 2010 U.S. Dist. LEXIS 101828 (S.D. Fla. Sept. 28, 2010)

(defendant improperly extended its jurisdiction over prior converted croplands that are converted to non-agricultural use and where dry lands are maintained using continuous pumping; under new rule wetland determinations made based on what property's characteristic would be if pumping ceased; rules effectively changed regulatory definition by issuing internal memorandum on treatment of prior converted wetland without subjecting new definition in memo to notice and comment requirements; defendant's rule change invalidated). 

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