Army Corps of Engineers

Army Corps finds environmental humor unfunny: Conan O’Brien and Los Angeles River navigability

As Holly has mentioned, last month, Conan O’Brien made humor out of the navigability of the Los Angeles River by attempting to canoe down it.   Holly’s post describes the legal controversy over the “traditional navigable waters” determination for the L.A. River, an appeal of which is still pending. (I note that there’s a small …


ESA in the Everglades

There’s something for everyone to like (and to dislike) in the Eleventh Circuit’s decision in Miccosukee Tribe v. United States. The case involved the Army Corps of Engineers’ management of south Florida’s extensive plumbing system. Compliance with the Endangered Species Act in operating the S-12 gates in the Central and South Florida project poses a …


EPA asserts itself on mountaintop removal mining

EPA is finally flexing its muscle on mountaintop removal mining, taking on the Corps of Engineers and stepping in for states that have been reluctant to attack the practice. Mountaintop removal mining involves blasting the tops off of mountains, typically in Appalachia, to get at coal. The ecological problems are less about removal of the …


A Belated Victory for the Bush Administration

The Fourth Circuit has upheld the Army Corp permit program for mountaintop mining, notwithstanding claims that the Corps had violated NEPA, the Clean Water Act, and its own regulations.  According to the dissent: Today’s decision will have far-reaching consequences for the environment of Appalachia. It is not disputed that the impact of filling valleys and …