40 C.F.R. §230.3 - Definitions
| Cite as | 40 C.F.R. §230.3 |
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110 cases
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West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
...to applicable effluent guidelines. 6. No such facility or fill material may be located in a perennial stream or wetland, as defined in 40 CFR 230.3. 7. At the completion of mining and reclamation, settled material in such facility shall be stabilized to prevent migration of the material dow......
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Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng.
...interstate commerce, lakes, rivers, streams, including intermittent streams, tributaries, and the wetlands adjacent to these waters. 40 C.F.R. § 230.3(s). A discharge is deemed to contribute to significant degradation if it results, either individually or collectively, in significant advers......
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Black Warrior River-Keeper, Inc. v. Drummond Co.
...U.S. at 760-761, 126 S.Ct. 2208 (Kennedy, J., concurring) (citing The Daniel Ball , 77 U.S. 557, 10 Wall. 557, 19 L.Ed. 999 (1870) ); 40 C.F.R. § 230.3 ; 33 C.F.R. § 328.3. In that respect, 387 F.Supp.3d 1288 current or prior recreational use of the slough of "T1" does not establish that th......
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Sierra Club v. U.S. Army Corps of Engineers, Civil Action No. 05-1724 (JAP).
...and Hartz, they are not "available and capable of being done ... in light of overall project purposes," and are thus not practicable. 40 C.F.R. §§ 230.3(q), Second, as discussed above, the Army Corps is required to consider alternatives "in light of overall project purposes." 40 C.F.R. § 23......
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