33 U.S.C. § 2316
Section 2316 · Environmental protection mission
Amended 1 time on record
Applied in 3 court decisions — leading case 175 F. Supp. 2d 755 - Raymond Proffitt Foundation v. U.S. Army Corps of Engineers (2001)
Most recently applied in Friends of the River v. Nat'l Marine Fisheries Serv. (February 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The Secretary shall include environmental protection as one of the primary missions of the Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects.
Nothing in this section affects—
(1) existing Corps of Engineers’ authorities, including its authorities with respect to navigation and flood control;
(2) pending Corps of Engineers permit applications or pending lawsuits involving permits or water resources projects; or
(3) the application of public interest review procedures for Corps of Engineers permits.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
“Secretary” Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.