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Corps of Engineers permits

Kentuckians for the Commonwealth v. United States Army Corps of Engineers

The Sixth Circuit held that the U.S. Army Corps of Engineers complied with NEPA and the CWA when it issued a §404 permit to a mining company for a secondary mining project that was part of a larger mining operation in Kentucky. The...

Jones v. National Marine Fisheries Service

The Ninth Circuit held that the U.S. Army Corps of Engineers did not violate the CWA or NEPA when it issued a dredge and fill permit necessary for a mineral sands mining project near Coos Bay, Oregon. An environmental group argued that...

Hoosier Environmental Council v. United States Army Corps of Engineers

The Seventh Circuit upheld a dredge and fill permit issued by the U.S. Army Corps of Engineers for a highway project that crosses wetlands in Indiana. The Corps adequately considered practicable alternatives when it issued the permit....

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers

The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds. First, they argued that the Corps made "...

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in Boone County, West Virginia. The court...

Lost Tree Village Corp. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The...

Hillside Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers

The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands. Environmental groups argued the...

Ohio Valley Environmental Coalition v. United States Environmental Protection Agency

A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The...

Friends of Back Bay v. United States Army Corps of Engineers

The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the Back Bay National Wildlife Refuge in...

Sierra Club v. Van Antwerp

The D.C. Circuit held that the U.S. Army Corps of Engineers complied with the CWA when it issued a permit authorizing the discharge of dredge and fill material into wetlands outside Tampa, Florida, for the construction of a large...