United States Fourth Circuit
Ohio Valley Environmental Coalition v. US Army Corps of Engineers, 12-1999
In action to challenge the fill permit issued by defendant under section 404 the Clean Water Act, regarding a mining project, judgment for defendant is affirmed, where: 1) there is no merit to plaintiff's claim that defendant "misapprehended" the baseline conditions; and 2) defendant's finding of cumulative insignificance is neither arbitrary nor capricious.
Appellate Information
- Decided 05/15/2013
- Published 05/15/2013
Judges
- NIEMEYER
Court
- United States Fourth Circuit