33 C.F.R. §320.4 - General policies for evaluating permit applications
| Cite as | 33 C.F.R. §320.4 |
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291 cases
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Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers, Civil Action No. 3:08-0979.
...significant, unacceptable adverse effects to the waters of the United States. See 40 C.F.R. §§ 230.1, 230.10, 230.12; 33 C.F.R §§ 320.2(f), 320.4. This is consistent with the CWA's purpose of restoring and maintaining the waters of the United States, see 33 U.S.C. § 1251, and is achieved th......
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Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng., Civil Action No. 3:05-0784.
...Protection Agency ("EPA"), 33 U.S.C. § 1344(b)(1), which the Corps has incorporated into its own regulations. See, e.g., 33 C.F.R. §§ 320.4(b)(4), 325.2(a)(6). The underlying intent behind the 404(b)(1) Guidelines is that dredged or fill material should not be discharged if it will result i......
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Seattle v. The Pollution Control Hearings Board, No. 73419-4 (WA 5/14/2004), 73419-4
...standards. In fact, the Army Corps of Engineers has determined that off-site mitigation can comply with the Clean Water Act. See 33 C.F.R. sec. 320.4(r) (authorizing off-site mitigation, generally); 33 C.F.R. sec. ACC also contends that out-of-basin mitigation cannot comply with state water......
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Sierra Club v. U.S. Army Corps of Engineers, Civil Action No. 05-1724 (JAP).
...is discussed below. See 40 C.F.R. § 230.10(a); Sylvester v. U.S. Army Corps of Eng'rs, 882 F.2d 407, 410 n. 4 (9th Cir.1989) (citing 33 C.F.R. § 320.4(a)). However, the regulations provide that the NEPA Environmental Assessment should be combined with other required documents, including tho......
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2 firm's commentaries
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Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects
...the Section 404(b)(1) Guidelines, the Corps also is required to determine whether the proposed action is in “the public interest.” 33 C.F.R. § 320.4(a)(1). The Corps’ regulations list more than 20 factors that the Corps is required to consider when making a public interest determination. Th......
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Trump Track: 2019 WOTUS Rule Seeks to Make the Complex Simple—It Won’t Work
...critical functions related to the integrity of other waters—functions such as pollutant trapping, flood control, and runoff storage. 33 CFR §320.4(b)(2). Accordingly, wetlands possess the requisite nexus, and thus come within the statutory phrase “navigable waters,” if the wetlands, either ......
19 books & journal articles
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Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges
...review and public notice process resulting in little public comment, followed by extensive consultation as required by the essen- 23. 33 C.F.R. §320.4(a) (providing that the speciic weight given to each factor will be determined by its “importance and relevance” but “full consideration and ......
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Vetoing wetland permits under section 404(c) of the Clean Water Act: a history of inter-federal agency controversy and reform.
...25, 1983) (on file with authors), The Corps denied the permit application because of the denial of the state permit, in accordance with 33 C.F.R. 320.4(j), which requires the Corps to consider the denial of state permits, See Letter from Bernard Stalmann, District Eng'r. Corps of Eng'rs. to......
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Statutory and Regulatory Citations
...authorization under this regulation are limited by the intent of the statutory language involved. (3) he policy provisions set out in 33 CFR 320.4(j) relating to state or local certiications and/or authorizations, do not apply to work or structures undertaken by Federal agencies, except whe......
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Federal Wetlands Law Permits Under §404
...§1456(c), ELR Stat. CZMA §307(c). See infra Chapter 9. 268. 16 U.S.C. §§1451–1464, ELR Stat. CZMA §§302–318. 269. 33 C.F.R. §§320.3(b), 320.4(h). 270. RGL 92-3, Extension of RGL 86-10, Special Area Management Plans (SAMPs) (Aug. 19, 1992), 57 Fed. Reg. 45773 (Oct. 5, 1992). RGL 92-3 has now......
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