33 C.F.R. § 335.2

Authority

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Under authority delegated from the Secretary of the Army and in accordance with section 404 of the Clean Water Act of 1977 (CWA) and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, hereinafter referred to as the Ocean Dumping Act (ODA), the Corps of Engineers regulates the discharge of dredged or fill material into waters of the United States and the transportation of dredged material for the purpose of disposal into ocean waters. Section 404 of the CWA requires public notice with opportunity for public hearing for discharges of dredged or fill material into waters of the U.S. and that discharge sites can be specified through the application of guidelines developed by the Administrator of the Environmental Protection Agency (EPA) in conjunction with the Secretary of the Army. Section 103 of the ODA requires public notice with opportunity for public hearing for the transportation for disposal of dredged material for disposal in ocean waters. Ocean disposal of dredged material must be evaluated using the criteria developed by the Administrator of EPA in consultation with the Secretary of the Army. Section 103(e) of the ODA provides that the Secretary of the Army may, in lieu of permit procedures, issue regulations for Federal projects involving the transportation of dredged material for ocean disposal which require the application of the same criteria, procedures, and requirements which apply to the issuance of permits. Similarly, the Corps does not issue itself a CWA permit to authorize Corps discharges of dredged material or fill material into U.S. waters, but does apply the 404(b)(1) guidelines and other substantive requirements of the CWA and other environmental laws.

Notes of Decisions

Cited in 5 cases, 2004–2020 · leading case: Audubon Soc'y of Greater Denver v. U.S. Army Corps of Eng'rs, 908 F.3d 593 (10th Cir. 2018).

Sort: Relevance Newest Treatment

Audubon Soc'y of Greater Denver v. U.S. Army Corps of Eng'rs, 908 F.3d 593 (10th Cir. 2018). “" 33 C.F.R. § 335.2 . The 404(b)(1) Guidelines state that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does…”

Surf & Env't Conservation Coalition v. Dep't of the Army United States, 322 F. Supp. 2d 126 (D.P.R. 2004). “See also 33 CFR 335.2 V. SECTION 404 CWA REQUIREMENTS: A.”

Bd. of Mississippi Levee Commissioners v. United States Env't Prot. Agency, 785 F. Supp. 2d 592 (N.D. Miss. 2011). · cites it 2× “Although the Corps does not issue Section 404 permits to itself for dredge or fill activities that it implements, see 33 C.F.R. § 335.2 (1999), Corps projects must generally comply with EPA’s regulatory requirements for dredge and fill permits, commonly referred to as the…”

Santa Clara Valley Water Dist. v. San Francisco Bay etc. (Cal. Ct. App. 2020). “( 33 C.F.R. § 335.2 .) The District argues the Board’s rescission and reissuance of the 2016 section 401 certification violated the one-year limit for a certificate under section 401 and was therefore invalid.”

SF Bay Conservation & Dev. Comm'n v. United States Army Corps of Engineers (N.D. Cal. 2019). “Parts 335-338 (CDR); see also 33 C.F.R. §§ 335.2 , 335.5(a), 15 335.6(h), 336.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.