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Dredge and fill permits

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers...

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

The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit to a surface coal mine. Environmental groups challenged the adequacy of the Corps' environmental review, arguing that the Corps violated...

Ward Gulfport Properties, L.P. v. Mississippi State Highway Comm'n

The Mississippi Supreme Court reversed and remanded a lower court decision that the state's transportation agency did not effect a categorical or regulatory taking when it pledged approximately 1,300 acres of a developer's property for...

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme...

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The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's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

Lost Tree Village Corp. v. United States

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking...

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...

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...

National Ass'n of Home Builders v. United States Army Corps of Engineers

The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure approval for qualifying discharges into "waters...