§‭ 404 permit from the Army Corps of Engineers for the disposal of dredged or fill material into navigable waters (exclusive authority‬‭Coeur Alaska)‬
‭§ 404(f)(1) exempts discharges from normal farming, forestry, and ranching operations‬
‭§ 404(f)(2) unless converting the wetlands to a use to which they were not previously subject (United States v. Bruce, Borden Ranch)‬
‭(1) there is no “practicable alternative to the proposed discharge” which would be less damaging to the aquatic environment,‬
‭“available” and “capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.”‬
‭(2) the proposed activity will not “cause or contribute to significant degradation of the waters of the United States,”‬
‭(3) “appropriate and practicable steps have been taken which will minimize potential adverse impacts of the discharge on the aquatic ecosystem,”‬
‭and (4) the proposed discharge will not violate state water quality standards, toxic effluent standards, the Endangered Species Act or regulations to‬
‭protect marine sanctuaries under the Marine Mammal Protection Act. 40 C.F.R. §230.10.‬
‭ tanding:‬
S
‭1.‬ ‭The plaintiff must have suffered an "injury in fact," meaning that the injury is of a legally protected interest which is (a) concrete and‬
‭particularized and (b) actual or imminent‬
‭2.‬ ‭There must be a causal connection between the injury and the conduct brought before the court‬
‭3.‬ ‭It must be likely, rather than speculative, that a favorable decision by the court will redress the injury‬
‭Sierra Club v. Morton‬‭– No Standing, A mere interest‬‭in a problem is not sufficient by itself to render the organization “injured” or “adversely‬
‭affected” within the meaning of the APA.‬
‭ SA §3‬
E
‭Endangered‬‭- “any species which is in danger of extinction‬‭throughout all or significant portion of its range.”‬
‭-‬ ‭Automatically need consultation through §7 Substantive command – prohibits federal actions “likely to jeopardize the‬
‭continued existence of any endangered species or threatened species or result in the destruction or adverse modification of‬
‭habitat of such species which is determined to be…critical”‬
‭TVA v. Hill‬‭- Species must be listed as endangered‬‭to trigger ESA‬
‭Threatened‬‭- “any species which is likely to become‬‭an endangered species within the foreseeable future throughout all or significant portion‬
‭of its range.”‬
‭- Up to agency’s discretion‬
‭§5(a)- “Critical Habitat”‬‭- the specific areas within‬‭or around the geographical area occupied by the‬‭listed‬‭species‬