Clean Water Act Update. Prof. Craig N. Johnston Lewis & Clark Law School. Update on “Fill Material,” Mining, and Valley Fills. Coeur Alaska, Inc. v. Southeast Alaska Conservation Council , 129 S.Ct . 2458 (2009).
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Prof. Craig N. Johnston
Lewis & Clark Law School
[I]f the discharge is fill, the discharger must seek a s 404 permit from the Corps; if not, only then must the discharger consider whether EPA performance standard applies, so that the discharger requires a s 402 permit from the EPA.
Id. at 2469.
This is a Massey valley fill in W.Va. According to the West Virginia Department of Environmental Protection (DEP), this particular fill is about 900 feet high and 2,000 feet long.