Jump to Navigation
Jump to Content

Dredge and fill, §404

Precon Development Corp. v. United States Environmental Protection Agency

A district court held that the U.S. Army Corps of Engineers could exercise jurisdiction under the CWA over wetlands contained in a developer's proposed residential site. The developer had initially asked the court to enter declaratory...

Huron Mountain Club v. United States Army Corps of Engineers

The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in Marquette, Michigan, and to compel the U.S. Army...

Sierra Club v. Bostick

The Tenth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of an oil pipeline to run from Cushing, Oklahoma, to oil refineries along the Gulf Coast near Port Arthur...

Hawkes Co. v. United States Army Corps of Engineers

A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat. The Corps issued its jurisdictional determination after the landowner sought...

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 "...

Mingo Logan Coal Co. v. United States Environmental Protection Agency

The D.C. Circuit reversed a lower court decision that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its...

Kentucky Riverkeeper, Inc. v. Rowlette

The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An...

Village of Bald Head Island v. U.S. Army Corps of Engineers

The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and...

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...