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Dredge and fill, §404

Ohio Valley Environmental Coalition, Inc. v. United States Environmental Protection Agency

A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in Boone County, West Virginia. Environmental...

United States v. Hamilton

A district court upheld a jury verdict that a Wyoming farmer who discharged material into a creek on his property without a permit was exempt from the CWA's permitting requirements. Below, the jury found in the farmer's activities fell...

Belle Co. v. United States Army Corps of Engineers

The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains wetlands subject to regulation under the CWA. The...

National Mining Ass'n v. McCarthy

The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination Process memorandum, which concerns CWA §404 mining permit applications, as well as an EPA guidance document relating to such permits, against...

Residents for Sane Trash Solutions, Inc. v. United States Army Corps of Engineers

A district court upheld a CWA §404 permit issued by the U.S. Army Corps of Engineers for the construction of a large marine transfer station near the upper east side of New York City. A group of residents filed suit challenging the...

Kunaknana v. United States Army Corps of Engineers

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The...

Cook Inletkeeper v. United States Army Corps of Engineers

A district court upheld a U.S. Army Corps of Engineers permit issued under CWA §404 for a railroad extension project in an area surrounded by wetlands. Two functional assessments were prepared for the project. An environmental group...

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

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to...

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...