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Natural Resources Defense Council, Inc. v. Callaway

United States District Court, D. Columbia
Mar 27, 1975
392 F. Supp. 685 (D.D.C. 1975)

Summary

holding that, as used in the CWA, the term "waters of the United States" is not limited to the traditional tests of navigability

Summary of this case from Marrero Hernandez v. Esso Standard Oil Co.

Opinion

Civ. A. No. 74-1242.

March 27, 1975.

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 Order proposed regulations clearly recognizing the full regulatory mandate of the Water Act.

3. Publish within thirty (30) days of the date of this Order final regulations clearly recognizing the full regulatory mandate of the Water Act; and it is

Further ordered that the Clerk of this Court shall enter a final Judgment upon this Order Granting Plaintiffs' Motion for Partial Summary Judgment, the Court expressly having determined that there is no just reason for delay in the entry of final Judgment on this Order; and it is

Further ordered that Defendants' Motion to Dismiss be and hereby is denied.


Summaries of

Natural Resources Defense Council, Inc. v. Callaway

United States District Court, D. Columbia
Mar 27, 1975
392 F. Supp. 685 (D.D.C. 1975)

holding that, as used in the CWA, the term "waters of the United States" is not limited to the traditional tests of navigability

Summary of this case from Marrero Hernandez v. Esso Standard Oil Co.

holding that defendant agency and administrators were without authority to adopt a regulation, the effect of which was to "amend or change" a definition adopted by Congress as part of the CWA

Summary of this case from New Mexico v. Water

striking down Corps' narrow view of its jurisdiction under section 404

Summary of this case from Avoyelles Sportsmen's League, Inc. v. Marsh

In National Resources Defense Council, Inc., et al. v. Callaway, 392 F. Supp. 685 (D.D.C. 1975), the District Court for the District of Columbia held that the Corps of Engineers may not alter the congressional definition of "waters of the United States" present in the "Water Act."

Summary of this case from Miami Valley Conservancy Dist. v. Alexander

In Callaway, the court concluded "that Congress intended the Clean Water Act to assert `federal jurisdiction over the Nation's waters to the maximum extent permissible under the Commerce Clause of the Constitution,' and that the term `navigable waters' was not limited to the traditional tests of navigability."

Summary of this case from Stoeco v. Department of the Army Corps.

In Natural Resources Defense Council v. Callaway, 392 F. Supp. 685 (D.D.C. 1975), the Corps of Engineers was ordered to amend its April 3, 1974 regulations for its permit program to take into account the expanded definition of navigable waters called for by the Water Act.

Summary of this case from State of Wyoming v. Hoffman
Case details for

Natural Resources Defense Council, Inc. v. Callaway

Case Details

Full title:NATURAL RESOURCES DEFENSE COUNCIL, INC., and National Wildlife Federation…

Court:United States District Court, D. Columbia

Date published: Mar 27, 1975

Citations

392 F. Supp. 685 (D.D.C. 1975)

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