Natural Resources Defense Council, Inc. v. Callaway, Civ. A. No. 74-1242.
| Decision Date | 27 March 1975 |
| Docket Number | Civ. A. No. 74-1242. |
| Parties | NATURAL RESOURCES DEFENSE COUNCIL, INC., and National Wildlife Federation, Plaintiffs, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants. |
| Court | U.S. District Court — District of Columbia |
Marianne K. Smythe, Dennis M. Flannery, William T. Lake, Wilmer, Cutler & Pickering, Washington, D.C., for plaintiffs.
John E. Varnum, Pollution Control Section, Dept. of Justice, Brian O'Neill, Gen. Counsel's Office, Army Corp. of Engineers, Washington, D.C., David Gluckman, Sp. Asst. Atty. Gen., Florida Dept. of Pollution Control, Robert L. Shevin, Atty. Gen. for the State of Florida, for defendants.
DECLARATION AND ORDER OF FINAL JUDGMENT
Plaintiffs have moved for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting partial summary judgment in favor of Plaintiffs on Count I of the Complaint; and Defendants' having moved to dismiss the complaint on all counts; and the Court having heard argument of counsel, the Motion for Partial Summary Judgment on Count I of the Complaint is granted; and it is DECLARED that:
1. Congress by defining the term "navigable waters" in Section 502(7) of the Federal Water Pollution Control Act Amendments of 1972, 86 Stat. 816, 33 U.S.C. § 1251 et seq. (the "Water Act") to mean "the waters of the United States, including the territorial seas," asserted federal jurisdiction over the nation's waters to the maximum extent permissible under the Commerce Clause of the Constitution. Accordingly, as used in the Water Act, the term is not limited to the traditional tests of navigability.
2. Defendants Howard H. Callaway, Secretary of the Army, and Lt. Gen. William C. Gribble, Chief, Army Corps of Engineers, are without authority to amend or change the statutory definition of navigable waters and they are hereby declared to have acted unlawfully and in derogation of their responsibilities under Section 404 of the Water Act by the adoption of the definition of navigability described at 33 C.F.R. § 209.210(d)(1), 39 Federal Register 12119 (April 3, 1974) and 33 C.F.R. 209.260; and it is ordered that Defendants Callaway and Gribble:
1. Revoke and rescind so much of 39 Federal Register 12115, et seq. (April 3, 1974) as limits the permit jurisdiction of the Corps of Engineers by definition or otherwise to other than "the waters of the United States."
2. Publish within fifteen (15) days of the date of this...
To continue reading
Request your trial
-
United States v. Ciampitti
...similar areas. 33 C.F.R. § 323.2. These regulations were specifically adopted pursuant to court order in Natural Resources Defense Council v. Callaway, 392 F.Supp. 685 (D.D.C.1975). The court there concluded that Congress intended the Clean Water Act to assert "federal jurisdiction over the......
-
U.S. v. Wilson
...implementing regulations which later were judicially determined to be too limited to effectuate Congressional purpose. NRDC v. Callaway, 392 F.Supp. 685 (D.D.C.1975). Callaway was decided on March 27, 1975, and on May 6, 1975, the Corps, pursuant to judicial instruction, published proposed ......
-
U.S. v. Rivera Torres
...the maximum extent permissible under the Commerce Clause of the Constitution'," id. at 95 (citing from Natural Resources Defense Council, Inc. v. Callaway, 392 F.Supp. 685 (D.D.C.1975)), Congress manifested an intention that the CWA "not fall within the limited exception for locally inappli......
-
Bayou Des Familles Dev. v. US Corps of Engineers, Civ. A. No. 79-4324.
...FWPCA is broader than its jurisdiction under the RHA. Leslie Salt, 578 F.2d at 754-755 (9th Cir. 1978); Natural Resources Defense Council v. Callaway, 392 F.Supp. 685 (D.D.C.1975). Under the FWPCA, the Corps has the right to control the disposal of dredged material upon freshwater as well a......
-
What Wetlands Are Regulated? Jurisdiction of the §404 Program
...Cir. 1975); United States v. Zanger, 767 F. Supp. 1030, 22 ELR 20231 (N.D. Cal. 1991). 9. See 42 Fed. Reg. 37122 (July 19, 1977). 10. 392 F. Supp. 685, 5 ELR 20285 (D.D.C. 1975). 11. See 42 Fed. Reg. at 37127. 12. 33 C.F.R. §328.3(a), 40 C.F.R. §230.3(s). he scope of these regulations, as i......
-
Table A: Decisions Interpreting the Elements of the Water Pollution Offense
...211 (S.D.N.Y. 1975) 3 254. P.F.Z. Props., Inc. v. Train, 393 F. Supp. 1370 (D.D.C. 1975) 3 255. Natural Res. Def. Council v. Callaway, 392 F. Supp. 685, 5 ELR 20285 (D.D.C. 1975) 3 3 3 3, 4 ...
-
Review of Adverse Decisions
...18. Solid Waste Agency v. U.S. Army Corps of Eng’rs, 531 U.S. 159, 31 ELR 20382 (2001); Natural Resources Defense Council v. Callaway, 392 F. Supp. 685, 5 ELR 20285 (D.D.C. 1975). 7. See 33 C.F.R. 331.5(b)(4) and 33 C.F.R. 320.4(j). 8. See http://www.lrd.usace.army.mil/ET-CO/Regulatory/Appe......
-
List of Case Citations
...v. Whistler, 27 F.3d 1341, 24 ELR 21609 (8th Cir. 1994) .............................. 89 Natural Resources Defense Council v. Callaway, 392 F. Supp. 685, 5 ELR 20285 (D.D.C. 1975) ....................................................................................................................