[DOWNLOAD] "Save Our Community v. U.S. Environmental Protection Agency" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Save Our Community v. U.S. Environmental Protection Agency
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 14, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
Per Curiam: Appellee, Save Our Community (""SOC""),1 brought suit challenging the draining of several ponds on the site of a proposed expansion of a 73-acre landfill (the ""Skyline Landfill"") near the City of Ferris, Texas, operated by appellant Trinity Valley Reclamation, Inc. (collectively ""Trinity"").2 SOC3 sought a preliminary injunction and a declaratory judgment that Trinity violated the Clean Water Act (""CWA""), 33 U.S.C. §§ 1251 et seq., by failing to obtain a permit pursuant to section 404 of the Act before starting to drain the ponds. SOC also sought a declaration that appellants the United States Army Corps of Engineers (""Corps"") and the United States Environmental Protection Agency (""EPA"") (collectively ""Federal defendants"") either failed to perform a duty to enforce section 404 provisions or incorrectly interpreted the CWA by determining that draining is not a regulated activity under the Act. The district court held as a matter of law that the draining activity required a permit. It issued a permanent injunction. We reverse.