The U.S. Army Corps of Engineers had jurisdiction over only a small part of a power line transmission project in Maine, so it was reasonable for it to limit the scope of its environmental review, the federal government told the First Circuit.
The Corps can authorize the discharge of dredge or fill materials into U.S. waters and any obstruction of the “navigable capacity” of federal waters. The power line project requires digging a tunnel under the Kennebec River and the filling of some wetlands and vernal pools.
While the power line goes over streams and open water, those are all ...