Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers
United States Supreme Court
531 U.S. 159 (2001)
Relevant factsFree
SWANCC (plaintiff), a coalition of Chicago-area municipalities, sought to develop a solid-waste fill site on a former gravel pit containing isolated ponds; the Army Corps (defendant) initially found it lacked jurisdiction because the ponds weren't navigable waters, but reversed course upon learning migratory birds used the site, asserting jurisdiction under its Migratory Bird Rule and denying a fill permit, and the district court and court of appeals both upheld the Corps' jurisdiction.
IssueFree
Whether the Clean Water Act's Migratory Bird Rule grants the Army Corps of Engineers permitting jurisdiction over isolated, non-navigable waters.