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National Wildlife Fed'n v. Marsh

ELR Citation: 11 ELR 21024
Nos. No. 80-1391, 665 F.2d 390/16 ERC 1916/(D.C. Cir., 09/30/1981) Vacated

The District of Columbia Circuit Court of Appeals reverses a district court decision, 11 ELR 21024, ordering the Army Corps of Engineers to revise regulations promulgated under §10 of the Rivers and Harbors Act. The district court found that the Corps had incorrectly interpreted §10 of the Act in promulgating regulations concerning activities outside a navigable waterway but affecting the water's conditions, and ordered a revision of the regulations. The D.C. Circuit rules that the district court erred in ruling on the adequacy of the regulations in the absence of a specific factual context. The existence of a specific context is necessary for a court to rule on the proper scope of the permit program. The court also finds inapplicable the parties' "mootness" and "ripeness" arguments. Finally, the court notes that appellee will suffer no undue hardship as a result of this ruling because it is free to relitigate the issue if a specific waterway is threatened by the alleged disparity between §10 and regulations.

Counsel are listed at 11 ELR 21024.

Before WRIGHT and TAMM, Circuit Judges, and JOYCE HENS GREEN,* United States District Judge for the District of Columbia.