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U.S. v. MANGO

Docket No. 98-1215

199 F.3d 85 (1999)

UNITED STATES of America, Appellant, v. Louise MANGO, Kenneth Austin, Kevin Dominske and Phenix Environmental, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 8, 1999.

Attorney(s) appearing for the Case

Jared A. Goldstein, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. (David C. Shilton, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., Peter D. Coppelman, Acting Assistant Attorney General, Thomas J. Maroney, United States Attorney for the Northern District of New York (Craig A. Benedict, of Counsel), on the brief), for Appellant.

R. Stan Mortenson, Jay L. Alexander, David R. Fontaine, James R. Heavner, Jr., Jody Manier Kris, Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, D.C., for Defendants-Appellees Louise Mango and Phenix Environmental, Inc.

Bradford A. Berenson, Sidley & Austin, Washington, D.C. (John N. Gallo and Stephen B. Kinnaird, of Counsel, on the brief), for Defendant-Appellee Kenneth Austin.

Before: LEVAL and POOLER, Circuit Judges, and CURTIN, District Judge.

POOLER, Circuit Judge:

This appeal requires us to determine whether the Clean Water Act, 33 U.S.C. §§ 1251-1387 ("CWA") allows the Secretary of the Army (the "Secretary") to delegate authority to issue discharge permits to district engineers in the Army Corps of Engineers (the "Corps"). If so, we must also decide the scope of the district engineer's authority to set permit conditions. The United States District Court for the Northern District of New York...

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