Legal Opinion

Town of Norfolk and Town of Walpole v. United States Army Corps of Engineers

Court of Appeals for the First Circuit

Decided July 15, 1992No. 91-2215PublishedCited by 139 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

On this appeal, the Towns of Walpole and Norfolk challenge the decision of the U.S. Army Corps of Engineers (“Corps”) to issue a permit under Section 404 of the Clean Water Act 1 to allow the Massachusetts Water Resources Authority (“MWRA”) to place fill in an artificial wetland located in the Town of Walpole and adjacent to the Town of Norfolk. 2 The district court, in a comprehensive opinion, found that the Corps’ determinations under Section 404 were not arbitrary, capricious or otherwise not in accordance with law and therefore it granted summary judgment in favor…

2Cases cited37 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  5. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985

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3Cited by139 opinions

  1. Murphy v. Commissioner of IRSCourt of Appeals for the First Circuit · 2006
  2. Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
  3. Fund for Animals, Inc. v. RiceCourt of Appeals for the Eleventh Circuit · 1996
  4. In Re: v. Martinez CatalaCourt of Appeals for the First Circuit · 1997
  5. Commonwealth of Massachusetts, Department of Public Welfare v. Secretary of AgricultureCourt of Appeals for the First Circuit · 1993

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