Legal Opinion

Delaware Riverkeeper Network v. United States Army Corps of Engineers

Court of Appeals for the Third Circuit

Decided August 23, 2017No. 17-1506PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

SMITH, Chief Judge.

Tennessee Gas Pipeline Co. (“Tennessee Gas”) submitted applications to several federal and state agencies seeking approval to build an interstate pipeline project. One such agency is the United States Army Corps of Engineers, 1 which administers certain provisions of the Clean Water Act. The Corps issued a permit approving the project. The petitioners, Maya van Rossum and Delaware Riverkeeper Network (collectively, “Riverkeeper”), challenge that decision on the ground that the Corps acted arbitrarily and capriciously by rejecting a “compression”…

2Cases cited21 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  4. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  5. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978

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3Cited by7 opinions

  1. Friends of the Santa Clara v. US Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2018
  2. Twp. of Bordentown v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Third Circuit · 2018
  3. Delaware Riverkeeper Network v. Secretary of the Pennsylvania Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2017
  4. Healthy Gulf v. US Army Corps of EngCourt of Appeals for the Fifth Circuit · 2023
  5. KRASNIQI v. DIBBINSDistrict Court, D. New Jersey · 2021

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