United States Fourth Circuit

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Ohio Valley Environmental Coalition v. US Army Corps of Engineers, 14-2129

In an action challenging the adequacy of the environmental review conducted by the Army Corps of Engineers before it issued a permit pursuant to section 404 of the Clean Water Act, 33 U.S.C. section 1344, authorizing Raven Crest to discharge fill material into waters of the United States in conjunction with a nearby mine, claiming that the Corps violated both the National Environmental Policy Act (NEPA), 42 U.S.C. section 4321 et seq., and the Clean Water Act by failing to consider evidence that surface coal mining is associated with adverse public-health effects in nearby communities, the District Court's grant of summary judgment to defendants is affirmed where defendant properly determined that the connection between surface coal mining and public health was an issue not properly within the scope of its environmental review.

Appellate Information

  • Decided
  • Published 2016/07/08

Judges

  • DUNCAN

Court

  • United States Fourth Circuit

Counsel

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