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.)
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