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US Army Corps of Engineers. This ruling struck down the Corps' ability to prevent the construction of a disposal site for non-hazardous waste in Illinois based on power derived from the commerce clause. [51] The Corps cited the Migratory Bird Rule when they initially denied the section 404 permit under the Clean Water Act. The migratory bird ...
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 [ 1] of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as ...
USACE personnel evaluate permit applications for essentially all construction activities that occur in the nation's waters, including wetlands. Two primary authorities granted to the Army Corps of Engineers by Congress fall under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
In addition, individual permits typically require more analysis than do the general permits, and usually require much more time to prepare the application and to process the permit. When the USACE processes an application for an Individual Permit, it must issue a public notice describing the proposed action described in the permit application.
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts, and Associate Justice Samuel Alito.
An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. 33 U.S.C. ch. 9, subch. I ยง 407. The Refuse Act is a United States federal statute governing use of waterways. The Act, a section of the Rivers and Harbors Act of 1899, prohibited "dumping of refuse ...
Developers move forward with a plan for permits. In July, after the EPA proposes to withdrawal Proposed Determination, the Pebble Limited Partnership submits permits to the United States Army Corps of Engineers (USACE), the key agency in charge of reviewing the permit, laid out in a 3-4 timeline. EPA decided to not withdraw the BBWA. [71] [74]
The United States Army Corps of Engineers is involved with a wide spectrum of public works projects: environmental protection, water supply, recreation, flood damage and reduction, beach nourishment, homeland security, military construction, and support to other Governmental agencies. Through 19 Flood Control Acts since 1917, Congress has ...
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