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National Mining Ass'n v. Corps of Eng'rs

ELR Citation: ELR 21318
Nos. 97-5099, 145 F.3d 1399/(D.C. Cir., 06/19/1998)

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority....

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