Jump to Navigation
Jump to Content

Dredge and fill, §404

Center for Biological Diversity v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing...

Ten Years of the Compensatory Mitigation Rule: Reflections on Progress and Opportunities

In 2008, the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) overhauled federal policy governing how impacts to wetlands, streams, and other aquatic resources authorized under §404 of the...

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency

A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant...

Practicable Alternatives for Wetlands Development Under the Clean Water Act

Section 404(b) of the Clean Water Act authorizes a “practicable alternatives” requirement for dredge and fill permits. EPA has adopted guidelines that set out and interpret that requirement, but the U.S. Army Corps of Engineers has...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups...

Georgia v. Pruitt

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states...

Friends of the Santa Clara River v. United States Army Corps of Engineers

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

Quad Cities Waterkeeper, Inc. v. Ballegeer

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green...

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

The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide...

  • 1
  •   |  2
  •   |  3
  •   |  4
  •   |  5
  • of 12
  • »