U.S. Code » Title 33 » Chapter CHAPTER 9— PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER I— IN GENERAL

33 U.S.C. § 402

Construction of bridges, etc., over Illinois and Mississippi Canal

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The provisions of section 401 of this title are made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the Army shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2000–2023 · leading case: Conservation Law Found. v. Hannaford Bros. Co., 327 F. Supp. 2d 325 (D. Vt. 2004).
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Conservation Law Found. v. Hannaford Bros. Co., 327 F. Supp. 2d 325 (D. Vt. 2004). · cites it 2× “” 33 U.S.C.A. § 402 (p)(2)(E). For the categories of stormwater discharges set forth in § 402(p)(2) (“Phase I discharges”), § 402(p)(3) mandates NPDES permits and § 402(p)(4) establishes a timetable by which EPA is to promulgate regulations setting forth permit application…”
Palm Beach Isles Assocs. v. United States, 208 F.3d 1374 (Fed. Cir. 2000). “Section 10 of the Act, 33 U.S.C. § 402 (1994), specifically covers dredging and filling.”
United States v. Marion L. Kincaid Trust, 463 F. Supp. 2d 680 (E.D. Mich. 2006). “The CWA prohibits the discharge of pollutants except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued under 33 U.S.C. § 402 . See 33 U.S.C. §§ 1311 (a), 1342(a).”
Living Lands, LLC v. Cline (S.D.W. Va 2023). “A permit shield under the CWA, 33 U.S.C. § 402 (k), dubs compliance with a permit as compliance with the CWA.”
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