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Arbitrary and Capricious › Section 404

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Foley Hoag LLP - Environmental Law on

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

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