NATIONAL MINING ASSOCIATION, et al., Appellees,
v.
U.S. ARMY CORPS OF ENGINEERS, et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 9, 1998.
Decided June 19, 1998.
Attorney(s) appearing for the Case
Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for the federal appellants. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, David C. Shilton, Alice L. Mattice, Attorneys, and Steven Neugeboren, Counsel, U.S. Environmental Protection Agency.
Howard I. Fox argued the cause and filed the briefs for appellants National Wildlife Federation, et al.
Virginia S. Albrecht argued the cause for appellees National Mining Association, et al. With her on the brief were Gary J. Smith and Harold P. Quinn, Jr.
Lawrence R. Liebesman, Robin L. Rivett, M. Reed Hopper, Robert J. Saner, II, and Nancie G. Marzulla were on the brief for amici curiae City of Colorado Springs, Colorado, et al.
Tom Udall, Attorney General, State of New Mexico, Alletta Belin, Assistant Attorney General, Winston Bryant, Attorney General, State of Arkansas, J. Joseph Curran, Jr., Attorney General, State of Maryland, Jeremiah W. Nixon, Attorney General, State of Missouri, Joseph P. Mazurek, Attorney General, State of Montana, Frankie Sue Del Papa, Attorney General, State of Nevada, W.A. Drew Edmondson, Attorney General, State of Oklahoma, William H. Sorrell, Attorney General, State of Vermont, and Christine O. Gregoire, Attorney General, State of Washington, were on the brief for amici curiae State of New Mexico, et al.
Before: SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
Concurring opinion filed by Circuit Judge SILBERMAN.
STEPHEN F. WILLIAMS, Circuit Judge:
Section 404 of the Clean Water Act (the "Act") authorizes the United States Army Corps of Engineers (the "Corps") to issue permits "for the discharge of dredged or fill material into the navigable waters at specified disposal sites." 33 U.S.C. § 1344. Section 301(a) of the Act provides that...
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