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Dredge and fill, §404

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The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's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

Pebble Ltd. Partnership v. Environmental Protection Agency

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the...

Mobile Baykeeper v. U.S. Army Corps of Engineers

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of dredged and fill material in Alabama's Big Creek Lake...

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404 permits. In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that government agencies must show a...

Mingo Logan v. U.S. Environmental Protection Agency

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA withdrew the permit's designation of the...

Pebble Limited Partnership v. United States Environmental Protection Agency

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of southwest Alaska. Alaska, which owns the...

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...