(a) A public hearing will be held in connection with the consideration of a DA permit application or a Federal project whenever a public hearing is needed for making a decision on such permit application or Federal project. In addition, a public hearing may be held when it is proposed to modify or revoke a permit. (See 33 CFR 325.7).
(b) Unless the public notice specifies that a public hearing will be held, any person may request, in writing, within the comment period specified in the public notice on a DA permit application or on a Federal project, that a public hearing be held to consider the material matters at issue in the permit application or with respect to Federal project. Upon receipt of any such request, stating with particularity the reasons for holding a public hearing, the district engineer may expeditiously attempt to resolve the issues informally. Otherwise, he shall promptly set a time and place for the public hearing, and give due notice thereof, as prescribed in § 327.11 of this part. Requests for a public hearing under this paragraph shall be granted, unless the district engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. The district engineer will make such a determination in writing, and communicate his reasons therefor to all requesting parties. Comments received as form letters or petitions may be acknowledged as a group to the person or organization responsible for the form letter or petition.
(c) In case of doubt, a public hearing shall be held. HQDA has the discretionary power to require hearings in any case.
(d) In fixing the time and place for a hearing, the convenience and necessity of the interested public will be duly considered.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1980–2022 · leading case:
Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006).
Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006).
· cites it 3× “§ 1344 (a), 33 C.F.R. 327.4(b), Fund for Animals, Inc.”
Sierra Club v. Alexander, 484 F. Supp. 455 (N.D.N.Y. 1980).
“See also 33 C.F.R. § 327.4 (a) & (b) setting forth Corps policy on public hearings.”
Shoreline Assocs. v. Marsh, 555 F. Supp. 169 (D. Maryland 1983).
“33 CFR § 327.4 (b). 28 Shoreline contends there has been a denial of due process even if it had no right to a hearing.”
Hough v. Marsh, 557 F. Supp. 74 (D. Mass. 1982).
“33 C.F.R. § 327.4 (b). Of the 259 letters received by the Corps in opposition to the permit application, eight requested a hearing.”
O'Connor v. Corps of Engineers, United States Army, 801 F. Supp. 185 (N.D. Ind. 1992).
· cites it 3× “Second, to the extent that plaintiff is arguing that he had a right to a trial-type hearing on the status of his permit application, plaintiff is simply wrong.”
Fund for Animals, Inc. v. Rice, 85 F.3d 535 (11th Cir. 1996).
“33 C.F.R. § 327.4 . If the Corps determines that it has the information necessary to reach a decision and that there is “no valid interest to be served by a hearing,” the Corps has the discretion not to hold one.”
Sierra Club v. Van Antwerp, 709 F. Supp. 2d 1254 (S.D. Fla. 2009).
“§ 1344 (a), (b); however, the regulations provide the Corps with discretion not to hold a hearing if there is "no valid interest to be served by a hearing,” 33 C.F.R. 327.4(b). In this case the Corps rejected, as is its discretionary right, several requests for a public hearing,…”
Coalition for Canyon Pres., Inc. v. Hazen, 788 F. Supp. 1522 (D. Mont. 1990).
· cites it 2× “Specifically, plaintiffs cite seven violations, all stemming from the Corps of Engineers issuance of the 404 permit for the bridge project: that a public hearing should have been held pursuant to 33 CFR 327.4; that the public interest and emphasis on protecting the values of the…”
— 33 C.F.R. § 327.4(a) — 1 case
Coalition for Canyon Pres., Inc. v. Hazen, 788 F. Supp. 1522 (D. Mont. 1990).
“Specifically, plaintiffs cite seven violations, all stemming from the Corps of Engineers issuance of the 404 permit for the bridge project: that a public hearing should have been held pursuant to 33 CFR 327.4; that the public interest and emphasis on protecting the values of the…”
— 33 C.F.R. § 327.4(b) — 2 cases
Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006).
“§ 1344 (a), 33 C.F.R. 327.4(b), Fund for Animals, Inc.”
Sierra Club v. Van Antwerp, 709 F. Supp. 2d 1254 (S.D. Fla. 2009).
“§ 1344 (a), (b); however, the regulations provide the Corps with discretion not to hold a hearing if there is "no valid interest to be served by a hearing,” 33 C.F.R. 327.4(b). In this case the Corps rejected, as is its discretionary right, several requests for a public hearing,…”
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treatment. Dots show Syfertize treatment of the citing case itself.