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American Mining Congress v. Corps of Eng'rs

ELR Citation: 27 ELR 21143
Nos. 93-1754 SSH, 962 F. Supp. 2/(D.D.C., 04/02/1997) motion to limit injunction denied

The court holds that an injunction against the enforcement of the Federal Water Pollution Control Act (FWPCA) Tulloch rule must be broadly applied to all parties affected by the rule, and not limited solely to the trade associations that successfully challenged the rule. Under the Tulloch rule, the government considered the "incidental fallback" that accompanies dredging and landclearing activities to be a "discharge" necessitating a permit under FWPCA §404. The court previously concluded that the Tulloch rule exceeded the scope of the government's statutory authority and, accordingly, declared it invalid. The present court rejects the government's subsequent motion asking it to alter or amend the previously ordered injunctive relief to apply only to members of the trade associations. Courts frequently enjoin agencies from enforcing rules that have been found invalid, and a broad injunction is necessary to give plaintiffs the relief to which they are entitled. In light of the FWPCA provision allowing anyone adversely affected by a rule to file suit, it is unfair to grant the benefits of this opinion and judgment only to those who can afford to file a separate and wholly duplicative suit.

[The prior opinion is published at 27 ELR 20589.]

Counsel for Plaintiffs
Albert J. Beveridge III
Beveridge & Diamond
1350 I St. NW, Ste. 700, Washington DC 20005
(202) 789-6000

Counsel for Defendants
Alice L. Mattice
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000