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practicable alternatives

Practicable Alternatives for Wetlands Development Under the Clean Water Act

ELR Article

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...

Hillside Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers

ELR Case

The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands. Environmental groups argued the...

Sierra Club v. Van Antwerp

ELR Case

The D.C. Circuit held that the U.S. Army Corps of Engineers complied with the CWA when it issued a permit authorizing the discharge of dredge and fill material into wetlands outside Tampa, Florida, for the construction of a large...