National Mining Association v. U.S. Army Corps of Engineers
United States Court of Appeals for the District of Columbia Circuit
145 F.3d 1399 (1998)
Trade associations representing dredging and excavation companies (plaintiffs) challenged the Army Corps of Engineers' (defendant) "Tulloch Rule," which required a Section 404 Clean Water Act permit for any re-deposit of dredged material, including "incidental fallback" — minor soil spillage that occurs naturally, such as when a dredging bucket lifts material and some falls back into the water in roughly the same spot. The district court granted summary judgment for the plaintiffs and enjoined enforcement of the rule, and the Corps appealed.
Whether incidental fallback under the Tulloch Rule constitutes a discharge of dredged material requiring a permit under Section 404 of the Clean Water Act.