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Department of the Army V Kirkendall PetitionOSG  Form

Department of the Army V Kirkendall PetitionOSG Form

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section 404 a of the clean water act grants the united states army corps of engineers authority to issue permits to place film material in navigable waters at specific disposal sites this jurisdiction extends to intrastate waters that are used as habitat by migratory birds in solid waste agency of northern cook county versus u.s army corps of engineers the united states supreme court considered exactly which waters this encompassed the solid waste agency was a consortium of 23 cities and villages around chicago illinois that had united to develop a solid waste disposal site the agency decided to purchase the site of an old mining operation it filed for permits from cook county and the state and contacted the corps of engineers to see if it needed a federal landfill permit under section 404 a of the clean water act the corps initially concluded that it had no authority over the site because it didn't contain any wetlands however after the illinois nature preserves commission informed th

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