Legal Opinion
P & v Enterprises v. U.S. Army Corps of Engineers
Court of Appeals for the D.C. Circuit
Decided February 19, 2008No. 07-5060PublishedCited by 72 opinions
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
The issue on appeal is whether the U.S. Army Corps of Engineers (“Corps”) reopened consideration of a 1986 rule such that the district court erred in dismissing a facial challenge to the rule as untimely under 28 U.S.C. § 2401(a). We affirm.
I
Section 404 of the Clean Water Act (“CWA”) authorizes the Corps to regulate the discharge of dredged and fill material into “navigable waters,” which are “the waters of the United States, including the territorial seas.” 33 U.S.C. §§ 1344, 1362(7). In 1986, the Corps promulgated a…
2Cases cited32 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Bowles v. RussellSupreme Court of the United States · 2007
- Soriano v. United StatesSupreme Court of the United States · 1957
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3Cited by72 opinions
- Reymundo Mendoza v. Thomas PerezCourt of Appeals for the D.C. Circuit · 2014
- Wash. Alliance of Tech. Workers v. U.S. Dep't of Homeland SEC.Court of Appeals for the D.C. Circuit · 2018
- Herr v. United States Forest ServiceCourt of Appeals for the Sixth Circuit · 2015
- Sierra Club v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2008
- Gary Jackson v. Thomas ModlyCourt of Appeals for the D.C. Circuit · 2020
67 more not listed; retrieve them via the Exa API.