National Mining Ass'n v. Corps of Eng'rs

ELR Citation: ELR 21318
No(s). 97-5099 (D.C. Cir. Jun 19, 1998)

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) Ā§404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The court first holds that the straightforward statutory term "addition" cannot ...