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SOLID WASTE AGENCY OF NORTHERN COOK CTY. v. ARMY CORPS OF ENGINEERS

No. 99-1178.

531 U.S. 159 (2001)

SOLID WASTE AGENCY OF NORTHERN COOK COUNTY v. UNITED STATES ARMY CORPS OF ENGINEERS et al.

United States Supreme Court.

Decided January 9, 2001.

Attorney(s) appearing for the Case

Timothy S. Bishop argued the cause for petitioner. With him on the briefs were Kaspar J. Stoffelmayr, Sharon Swingle, and George J. Mannina, Jr.

Deputy Solicitor General Wallace argued the cause for respondents. With him on the brief for the federal respondents were Solicitor General Waxman, Assistant Attorney General Schiffer, Malcolm L. Stewart, and John A. Bryson. Myron M. Cherry filed a brief for respondents Village of Bartlett et al.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 174.

Chief Justice Rehnquist delivered the opinion of the Court.

Section 404(a) of the Clean Water Act (CWA or Act), 86 Stat. 884, as amended, 33 U. S. C. § 1344(a), regulates the discharge of dredged or fill material into "navigable waters." The United States Army Corps of Engineers (Corps) has interpreted § 404(a) to confer federal authority over an abandoned sand and gravel pit in northern Illinois which provides...

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