Legal Opinion
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
Court of Appeals for the Eleventh Circuit
Decided August 12, 2016No. 15-14745PublishedCited by 9 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
In this appeal, we consider — for the second time — whether the United States Army Corps of Engineers’ (“Corps”) 2012 decision to reissue Nationwide Permit 21 (“NWP 21”), a general permit regulating discharge of dredged or fill materials into navigable waters by surface coal mining operations, was arbitrary and capricious. Under Section 404 of the Clean Water Act (“CWA”), the Corps may authorize the discharge of fill materials into navigable waters of the United States by issuing a “general permit” only if those activities will result in minimal individual and cumulative…
2Cases cited14 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
- Ted Herring v. Secretary, Department of CorrectionCourt of Appeals for the Eleventh Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pedro Arturo Salmeron-Salmeron v. Warden Bill SpiveyCourt of Appeals for the Eleventh Circuit · 2019
- U.S. Federal Credit Union v. Gateway Radiology Consultants, P.A.Court of Appeals for the Eleventh Circuit · 2020
- National Mining Association v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2021
- John S. Lowman, IV v. Federal Aviation AdministrationCourt of Appeals for the Eleventh Circuit · 2023
- Conservation Alliance of St. Lucie County, Inc. v. U.S. Department of TransportationCourt of Appeals for the Eleventh Circuit · 2017
4 more not listed; retrieve them via the Exa API.