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National Wildlife Fed'n v. Marsh

ELR Citation: 14 ELR 20261
Nos. No. 82-3632, (D.D.C., 02/10/1984) Alaska settlement approved

The court approves a settlement agreement requiring the Army Corps of Engineers to modify its dredge and fill permit regulations under §404 of the Federal Water Pollution Control Act (FWPCA) as they apply in the North Slope Borough, Alaska. Under the agreement, the Corps will not apply the headwaters and isolated waters permits to designated areas of the North Slope and will not interpret "prevalence of vegetation" in its wetland definition to exclude tundra. North Slope Borough will acknowledge the Corps' Abbreviated Processing Procedure 83-I (APP) as controlling permits for discharges from oil and gas development on the North Slope. The Corps will apply the headwaters and isolated waters general permits only to activities that are not covered by the APP and that cause minimal individual and cumulative impacts in the North Slope. Further, the Corps will allow the North Slope Borough to play an important role in the implementation of §404 within the borough. The parties agree to allow the court to dismiss the suit with prejudice, with the parties retaining the right to ask the court to enforce the settlement or to award costs and attorney fees.

[The settlement agreement is published here without its accompanying exhibits. A related order and agreement in the case appears at 14 ELR 20262 — Ed.]

Counsel for Plaintiffs
Sanford Sagalkin
North Slope Borough
1101 17th St. NW, Suite 808, Washington DC 20036
(202) 296-2214

James W. Moorman, Joseph A. Ingrisano
Cadwalader, Wickersham & Taft
1333 New Hampshire Ave. NW, Suite 700, Washington DC 20036
(202) 293-6300

Counsel for Defendants
William M. Cohen, Nancy Bryson, Robert D. Daniel, James Spears
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2704

Victoria O'Meara
Office of the General Counsel
Department of the Army, Washington DC 20310
(202) 697-5127

Catherine A. Winer
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-7703