According to today's Washington County News, Mark Hurt argued before the Court today in Graham County Soil & Water Conservation District v. U.S. ex rel. Wilson, on appeal from the Fourth Circuit. (I would link to the article but I can't find it online.) Here is the petitioner's brief, here is Mark's brief for the respondent, and here is the split decision by the Fourth Circuit - an opinion by Judge Duncan joined by Judge Michael with Judge Wilkinson dissenting. Here is the SCOTUSblog post about the case.
Mark clerked (with me) for Judge Glen Williams in 1989-1990.