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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.
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.
The United States District Court for the District of Alaska found that the USACE was correct in its application of section 404 of the act, because the permit was for "fill material", and therefore not covered under or in violation of sections 301(e) and 306(e).
Mitigation banking. Mitigation banking is a market-based system of debits and credits (used primarily in the United States as part of its "no net loss" policy) that involves restoration, creation, or enhancement of wetlands to compensate for unavoidable impacts to a wetland in another location. [ 1] It involves a system of mitigation banks ...
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 ...
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.
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]
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