ELR Citation: ELR 20588
No(s). 2:01-0770 (S.D. W. Va. May 8, 2002)

The court holds that Clean Water Act (CWA) §404 does not allow the filling of U.S. waters solely for waste disposal, and, therefore, enjoined the U.S. Army Corps of Engineers from issuing any further permits allowing the valley fill of overburden waste from mountaintop removal. The court first hold...