Legal Opinion

Delaware Department of Natural Resources & Environmental Control v. United States Army Corps of Engineers

Court of Appeals for the Third Circuit

Decided July 3, 2012No. 11-1283, 11-1421, 11-1414, 11-1424PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

At issue is whether the U.S. Army Corps of Engineers can deepen the main channel of the Delaware River by five feet, enabling river ports to be economically competitive and at the same time, comply with statutes that protect the environment. The roots of the project trace back decades. In 1992, Congress authorized the project and appropriated $195 million. It continued to support the effort with regular appropriations for the next twenty years. 1 Commencement was delayed for several reasons, but in the fall of 2009, the Corps was ready to proceed. In…

2Cases cited34 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  5. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989

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3Cited by21 opinions

  1. In Re Nickelodeon Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2016
  2. Mark Hagans v. Commissioner Social SecurityCourt of Appeals for the Third Circuit · 2012
  3. Twp. of Bordentown v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Third Circuit · 2018
  4. Public Employees for Environmental Responsibility v. BeaudreauDistrict Court, District of Columbia · 2014
  5. Theodore Hayes v. Philip HarveyCourt of Appeals for the Third Circuit · 2018

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