Legal Opinion

Hart & Miller Islands Area Environmental Group, Inc. v. Corps of Engineers of United States Army

Court of Appeals for the Fourth Circuit

Decided May 28, 1980No. Nos. 78-1911, 78-1912 and 79-1037PublishedCited by 1 opinion

1Opinion of the Court

WIDENER, Circuit Judge:

The State of Maryland applied to the U. S. Army Corps of Engineers (the Corps), in 1972, for a permit pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403, to construct a diked disposal area for dredged material on and adjacent to Hart and Miller Islands in Chesapeake Bay. The purpose of the project is to provide a site for dumping material dredged from the bottom of Baltimore Harbor and its approach channels. This material will include spoil from maintenance dredging and spoil produced by the Baltimore Harbor Channel Project, which is a Corps…

2Cases cited19 opinions

Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
Parker v. Citizens Committee for the Hudson ValleySupreme Court of the United States · 1970
Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
Wisconsin v. IllinoisSupreme Court of the United States · 1929
Boesche v. UdallSupreme Court of the United States · 1963

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3Cited by1 opinion

Hart and Miller Islands Area Environmental Group, Inc., a Maryland Corporation Honorable Clarence Long, M.C. Honorable Norman R. Stone Maryland Wildlife Federation, Inc., a Maryland Corporation John Henderson Howard Sappington George Wohlleben Robert Scott Margaret Caldwell Charles Justice v. The Corps of Engineers of the United States Army Honorable Clifford L. Alexander, Secretary of the Army Lt. General John W. Morris, Chief of Engineers of the United States Army Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, and Steamship Trade Association of Baltimore, Inc., Intervening Hart and Miller Islands Area Environmental Group, Inc., a Maryland Corporation Honorable Clarence Long, M.C. Honorable Norman R. Stone Maryland Wildlife Federation, Inc., a Maryland Corporation John Henderson Howard Sappington George Wohlleben Robert Scott Margaret Caldwell Charles Justice v. The Corps of Engineers of the United States Army Honorable Clifford L. Alexander, Secretary of the Army Lt. General John W. Morris, Chief of Engineers of the United States Army Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, Intervening and Steamship Trade Association of Baltimore, Inc., Hart and Miller Islands Area Environmental Group, Inc., a Maryland Corporation Honorable Clarence Long, M.C. Honorable Norman R. Stone Maryland Wildlife Federation, Inc., a Maryland Corporation John Henderson Howard Sappington George Wohlleben Robert Scott Margaret Caldwell Charles Justice v. The Corps of Engineers of the United States Army Honorable Clifford L. Alexander, Secretary of the Army Lt. General John W. Morris, Chief of Engineers of the United States Army Col. G. K. Withers, District Engineer, Baltimore District, United States Army Corps of Engineers, and State of Maryland, Ex Rel., Francis B. Burch, Attorney General, Steamship Trade Association of Baltimore, Inc., InterveningCourt of Appeals for the Fourth Circuit · 1980