Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

National Mining Association v. U.S. Army Corps of Engineers

United States Court of Appeals for the District of Columbia Circuit
145 F.3d 1399 (1998)


National Mining Association and other trade associations whose members engaged in dredging and excavation of wetlands and other waterways (plaintiffs) filed suit in federal court against the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (defendants) challenging the Corps’ promulgation of a regulation under the Clean Water Act (CWA), known as the Tulloch Rule (the Rule). The Rule required the issuance of a permit under § 404 of the CWA any time dredged material was re-deposited within the waters of the United States, including de minimis and incidental soil movement occurring during normal dredging operations in which material was removed and subsequently placed back in the same spot as the initial removal, known as “fallback.” The district court granted summary judgment in favor of plaintiffs and issued an injunction prohibiting the Corps from enforcing the regulation. The Corps appealed.

Rule of Law


Holding and Reasoning (Williams, J.)

Concurrence (Silberman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial