United States v. Louise Mango, Kenneth Austin, Kevin Dominske and Phenix Environmental, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
POOLER, Circuit Judge:
This appeal requires us to determine whether the Clean Water Act, 33 U.S.C. §§ 1251-1387 (“CWA”) allows the Secretary of the Army (the “Secretary”) to delegate authority to issue discharge permits to district engineers in the Army Corps of Engineers (the “Corps”). If so, we must also decide the scope of the district engineer’s authority to set permit conditions. The United States District Court for the Northern District of New York (Howard G. Munson, Judge) found that the Secretary lacked the power to delegate the issuance of permits to anyone other than the Chief of…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
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- United States v. GiordanoSupreme Court of the United States · 1974
- Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
- United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
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