The plaintiffs, various environmental groups, sued the defendant Army Corps of Engineers for violating the Clean Water

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The plaintiffs, various environmental groups, sued the defendant Army Corps of Engineers for violating the Clean Water Act, the National Environmental Protection Act, and the Administrative Procedure Act by issuing two nationwide coal-mining wastedischarge permits. The defendant claimed that it had conducted the necessary cumulative-impacts analysis and environmental assessments to determine the permits’ consequential environmental impacts and then determined that compensatory mitigation would reduce the adverse impacts to a “minimal level.” The district court granted summary judgment in favor of the defendant, and the plaintiffs appealed. Should the judgment of the lower court be upheld or not?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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