For the purposes of this part, the definitions of terms in 40 CFR 230.2 shall apply. In addition, the term:
(a) Withdraw specification means to remove from designation any area already specified as a disposal site by the U.S. Army Corps of Engineers or by a state which has assumed the section 404 program, or any portion of such area.
(b) Prohibit specification means to prevent the designation of an area as a present or future disposal site.
(c) Deny or restrict the use of any defined area for specification is to deny or restrict the use of any area for the present or future discharge of any dredged or fill material.
(d) Person means an individual, corporation, partnership, association, Federal agency, state, municipality, or commission, or political subdivision of a state, or any interstate body.
(e) Unacceptable adverse effect means impact on an aquatic or wetland ecosystem which is likely to result in significant degradation of municipal water supplies (including surface or ground water) or significant loss of or damage to fisheries, shellfishing, or wildlife habitat or recreation areas. In evaluating the unacceptability of such impacts, consideration should be given to the relevant portions of the section 404(b)(1) guidelines (40 CFR part 230).
(f) State means any state agency administering a 404 program which has been approved under section 404(h).
Notes of Decisions
Mingo Logan Coal Co. v. Env't Prot. Agency, 829 F.3d 710 (D.C. Cir. 2016).
· cites it 4× “” 40 C.F.R. § 231.2 (e) (emphases added). When the EPA restricts or withdraws areas specified for disposal in a validly issued permit, the entire permit is not necessarily invalidated; rather, the permit is “in effect amended so that discharges at the previously specified…”
Trout Unlimited v. Michelle Pirzadeh, 1 F.4th 738 (9th Cir. 2021).
· cites it 4× “; see 40 C.F.R. § 231.2 (e) (defining “unacceptable adverse effect” to encompass “significant degradation of municipal water supplies .”
City of Alma v. United States, 744 F. Supp. 1546 (S.D. Ga. 1990).
· cites it 3× “See 40 C.F.R. § 231.2 (e) (1989). 16 . Not only is a reviewing court "required to defer to any reasonable EPA construction of its *1560 enabling statutes,” but even greater deference is in order when a court is reviewing the Agency's interpretations of its own regulations.”
All. to Save the Mattaponi v. United States Army Corps of Engineers, 606 F. Supp. 2d 121 (D.D.C. 2009).
“at ¶ 10 (d), something the EPA’s regulations specifically direct him to do in determining whether issuance of a permit would result in unacceptable adverse effects, see 40 C.F.R § 231.2(e). Because the Regional Administrator “relied on factors which Congress has not intended…”
Bersani v. Robichaud, 850 F.2d 36 (2d Cir. 1988).
“3 An “unacceptable adverse effect” is defined in 40 C.F.R. § 231.2 (e) as an effect that is likely to result in, among other things, “significant loss of or damage to .”
James City Cnty. v. United States Env't Prot. Agency, 955 F.2d 254 (4th Cir. 1992).
“” 40 C.F.R. § 231.2 (e). This regulation also provides that, “In evaluating the unacceptability of such impacts, consideration should be given to the relevant portions of the section 404(b)(1) guidelines.”
James City Cnty. v. United States Env't Prot. Agency, 758 F. Supp. 348 (E.D. Va. 1990).
““Unacceptable adverse effect” is defined in 40 C.F.R. § 231.2 (e) as: ... impact on an aquatic or wetland ecosystem which is likely to result in significant degradation of municipal water supplies (including surface or ground water) or significant loss of or damage to fisheries,…”
James City Cnty. v. Env't Prot. Agency, 12 F.3d 1330 (4th Cir. 1993).
“” 40 C.F.R. § 231.2 (e). These regulations also provide that “[i]n evaluating the unacceptability of such impacts, consideration should be given to the relevant portions of the section 404(b)(1) guidelines.”
— 40 C.F.R. § 231.2(e) — 3 cases
All. to Save the Mattaponi v. United States Army Corps of Engineers, 606 F. Supp. 2d 121 (D.D.C. 2009).
“at ¶ 10 (d), something the EPA’s regulations specifically direct him to do in determining whether issuance of a permit would result in unacceptable adverse effects, see 40 C.F.R § 231.2(e). Because the Regional Administrator “relied on factors which Congress has not intended…”
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