Ohio Valley Envtl. Coal., Inc. v. U.S. Army Corps of Eng'rs

摘要

U.S. Army Corps of Engineers did not act arbitrarily or capriciously in issuing Clean Water Act dredge and fill permit to coal mining company for discharge of fill material into streams at mine site without considering environmental impacts of surface mining, because: (1) under National Environmental Policy Act corps' assessment of environmental impacts in environmental assessment is limited to specific activity authorized by permit and aspects of mine over which corps has sufficient control and responsibility; (2) permit only authorizes dredge and fill activities in stream and under Surface Mining Control and Reclamation Act only authorized West Virginia agency and not corps has jurisdiction to permit surface coal mining; and (3) even though corps regulations implementing dredge and fill permit program require consideration of public health effects of proposed discharge, regulations do not create duty to consider effects of activities beyond proposed discharge.