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FWPCA powers and duties

Delaware Dep't of Natural Resources & Envtl. Control v. Corps of Eng'rs

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused...

Environmental Defense v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers' authorization of a flood control project in the St. Johns Bayou and New Madrid Floodway on the west bank of the Mississippi River violates the Administrative Procedure Act (APA) and...

In re Operation of the Mo. River Sys. Litig.

The court refuses to reinstate a contempt order against the U.S. Army Corps of Engineers (the Corps) penalizing the agency $500,000 a day if it did not comply with a separate order requiring the Corps to lower water flow levels in the...

Hoosier Envtl. Council, Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate a riverboat gambling facility on the...

United States v. Hallmark Constr. Co.

The court holds in a motion for reconsideration that the United States is the proper plaintiff in an action against a landowner for allegedly filling a five-acre isolated wetland without obtaining a permit under Federal Water Pollution...

Resource Invs., Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers lacked authority under Federal Water Pollution Control Act (FWPCA) §404 to require a company to obtain a dredge and fill permit before constructing a solid waste landfill on a...

United States v. Hallmark Constr. Co.

The court holds that the Federal Water Pollution Control Act (FWPCA) does not authorize the U.S. Army Corps of Engineers to seek penalties against a construction company for allegedly filling an isolated wetland without a §404 permit....

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...