Jump to Navigation
Jump to Content

Dredge and fill, §404

North Dakota v. U.S. Environmental Protection Agency

A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New...

Murray Energy Corp. v. United States Environmental Protection Agency

A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. The agencies filed a motion to stay the case based...

Sierra Club v. Bostick

The Tenth Circuit held the U.S. Army Corps of Engineers did not violate NEPA, the CWA, or nationwide permit (NWP) 12 when it allowed an energy company to build a 485-mile oil pipeline from Oklahoma to Texas under the general permit. The...

Hawkes Co. v. United States Army Corps of Engineers

The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose after a company sought to mine peat from...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters,...

Precon Development Corp. v. United States Army Corps of Engineers

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The developer wanted to fill 4.8...

Pebble Ltd. Partnership v. Environmental Protection Agency

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the...

Mobile Baykeeper v. U.S. Army Corps of Engineers

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of dredged and fill material in Alabama's Big Creek Lake...

Mingo Logan v. U.S. Environmental Protection Agency

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA withdrew the permit's designation of the...

Pebble Limited Partnership v. United States Environmental Protection Agency

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of southwest Alaska. Alaska, which owns the...