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SWANCC obtained the needed local and state permits, but the Corps, on the basis of the ponds and their use by migratory birds, asserted jurisdiction under section 404 and denied a permit. Section 404 requires permits for discharges to dispose of dredged and fill material into the nation's navigable waters, such as when a landowner undertakes ...
The Corps cited the Migratory Bird Rule when they initially denied the section 404 permit under the Clean Water Act. The migratory bird rule was meant to protect habitats used by migratory birds, which included the abandoned mining site that SWANCC had proposed to construct the waste disposal site.
Section 404 requires that a discharger of dredged or fill material obtain a permit, unless the activity is eligible for an exemption. [69] Essentially, all discharges affecting the bottom elevation of a jurisdictional water body require a permit from the U.S. Army Corps of Engineers (USACE).
The middle section of the Triangle Expressway, N.C. 540, will open across southern Wake County this summer. The final leg, from between Interstates 40 and 87 on the east side, is scheduled to be ...
Washington Department of Ecology, 511 U.S. 700 (1994), is a case decided by the United States Supreme Court that interpreted section 401 of the Clean Water Act. The case involved an application by the Jefferson County Public Utility District and Tacoma City Light in northwestern Washington to build a hydropower facility on the Dosewallips River ...
21-401: 2022-6-13 Although 28 U.S.C. §1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases are not such adjudicative bodies.
Fidelity reports that roughly 22% of employees don't claim their full employer match on 401(k) plans. These workers may be leaving free money on the table because they can't afford to earn the ...
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