Library Search
-
Energy & Mineral Law Foundation 29th Mineral Law Conference Corps of Engineers Permitting Issues ( February 2005 )
The U.S. Army Corps of Engineers' entire regulatory program, including permitting, as it relates to the mineral industry, has undergone some significant changes during the past several years. Most significantly, the very future of the nationwide permit as part of the Corps permitting process for coal mining (and very possibly many other industries) has been brought into serious question as a result of a federal court decision on July 8, 2004 in West Virginia. Ohio Valley Environmental Coalition, et al. v. Bulen will be discussed in this outline. -
Wetlands Decision May Simplify Permitting ( October 2004 )
The complexity and delays typically associated with projects with wetland issues have long challenged developers. The landscape of federal regulation changed suddenly when the Supreme Court, in Solid Waste Associates of Northern Cook County v. US Corps of Engineers, ruled that the U.S. Army Corps of Engineers' policy of asserting jurisdiction over intrastate wetlands pursuant to the Migratory Bird rule was beyond its authority under the Clean Water Act of 1990. -
U.S. Supreme Court Rejects Application of the Clean Water Act to Isolated Intrastate Waters ( January 2001 )
The United States Army Corps of Engineers ("Corps") and the regulated community have often disagreed about what types of water bodies should be regulated under Section 404(a) of the Clean Water Act ("CWA") - the so called "dredge and fill" permit section. Although all would agree that Section 404(a) subjects large, interstate, navigable bodies of water to federal regulation, there has been significant debate about whether it should extend to nonnavigable, intrastate, isolated waters. -
Wetlands 'Protection' Threatens Property Owners ( March 2003 )
If you own property that contains wetlands, the U.S. Army Corps of Engineers may attempt to assert its regulatory jurisdiction over those wetlands under the federal Clean Water Act. This jurisdictional issue is particularly important for landowners located in the East Bay, where the line between waters that are subject to regulation and those that are not is often blurred. -
New Permits Expand Wetlands Regulation-Half Acre or Less Now Regulated ( August 2000 )
The following is a list of commonly asked questions and answers regarding application of NWP 39. -
U.S. Supreme Court Severely Narrows U.S. Army Corps of Engineers' Jurisdiction Over Waters of the United States ( January 2001 )
Looks at a recent decision by the U.S.S.C. which limits the jurisdiction of the Army Corps of Engineers' in making determinations of "wetland" or "waters of the United States". -
Nationwide Permit Program Revised by Army Corps of Engineers ( October 2000 )
On March 9, 2000, the Corps of Engineers issued a final notice in the Federal Register announcing five new Nationwi. -
Wetlands Ruling ( January 2000 )
To the surprise of absolutely no one, EPA's Environmental Appeals Board narrowly construed the decision in National. -
Appellate Court Upholds Tulloch Decision ( June 1999 )
On June 19, 1998, the U.S. Court of Appeals for the District of Columbia Circuit issued a significant decision conc. -
Wetlands Permitting Alert! ( June 1999 )
All U.S. Army Corps of Engineers (Corps) nationwide permits (NWP) expired on January 21, 1997. Work already permitted under the NWP's in force prior to January 21, 1997 will be grand- fathered in.