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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.
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 ...
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.
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 ...
U.S. Army Corps of Engineers, Tulsa District ( USACE-SWT ), is a United States Army military unit headquartered in Tulsa, Oklahoma. [ 3] It "oversees Army Corps of Engineer responsibilities in all of Oklahoma and parts of southern Kansas and northern Texas". [ 4] Tulsa District was founded in 1939 in the heartland of the country to provide ...
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 ...
In 2005 Coeur Alaska Inc., a subsidiary of Coeur d'Alene Mines, successfully applied for a tailings disposal permit from the USACE. The permit allowed Coeur Alaska to dispose of 4.5 million tons of tailings from the Kensington gold mine, 45 mi (72 km) north of Juneau, into Lower Slate Lake. The mine operated in the early 20th century, but had ...
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]