Saturday, May 4, 2013

National Mining Association v. U.S. Army Corps of Engineers case brief

National Mining Association v. U.S. Army Corps of Engineers case brief
145 F.3d 1399 (D.C. Cir. 1998)

CASE SYNOPSIS: Defendant U.S. Army Corps of Engineers challenged the decision of the United States District Court for the District of Columbia, which granted summary judgment for plaintiff mining associations. The mining associations challenged 33 C.F.R. § 323.2(d)(1), a regulation covering dredged materials.

FACTS: The mining associations challenged a 1993 regulation of the U.S. Army Corps of Engineers that removed a de minimis exception to § 404 of the Clean Water Act, 33 U.S.C.S. § 1344, and expanded the definition of dredged discharge to include redeposit of dredged materials, including fallback, under the statute. The district court granted summary judgment in favor of the mining associations and enjoined the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from enforcing the regulation. The U.S. Army Corps of Engineers appealed. The court affirmed the district court's ruling. The court held that by asserting jurisdiction over "any redeposit," including incidental fallback, the 1993 regulation was beyond the statutory authority of the U.S. Army Corps of Engineers. The court also affirmed the district court's nationwide enjoinment of the enforcement of the regulation by the U.S. Army Corps of Engineers and the EPA.

CONCLUSION: The court affirmed the summary judgment and enjoined the U.S. Army Corps of Engineers and the EPA from enforcement of the 1993 regulation that concerned dredged materials.
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