...Harbors Appropriation Act of 1899 (Act) prohibits "[t]he creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States." An environmental organization and two private citizens (hereafter respondents) brought an action in...

...army ; 9 authorizes the construction of bridges over navigable waters; 10 provides against obstruction to the navigable capacity of any of the waters of the United States; 11 provides for the establishment of harbor lines; 12 provides that any person or corporation who shall...

...of March 3, 1899 (30 Stat., 1151), provides: "That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity...is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty,...

...comprehensive power to determine whether or not a proposed structure may constitute an obstruction to the navigable capacity of any of the waters of the United States. As was pointed out by the Supreme Court in a case arising under the thirteenth section of the same...

...the United States any materials which shall tend to impede or obstruct navigation, or to ENG 91 55 excavate or fill or in any manner to alter or modify the course, loeafor condition, or capacity of the channel of said navigable waters, nnk« approved and authorized...

...or other works have been submitted to and approved by the Secretary ^Alteration, etc., of of War, or to excavate or fill, or in any manner to alter or modify thé course, location, condition, or capacity of the channel of said navigable water of the United...

...obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the biddenwaters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolConstruction of wharves.etc. Alteration, etc.,...

...punishment. Navigable Waters— Power of a State and of the United Stales— Rridges. Secretary of War, or to excavate or fill, or in any manner to alter or modify the course, condition, or capacity of the channel of said navigable waters of the United States, unless approved...

...of the Secretary of War. SEC. 10. That the creation of any obstruction not affirmatively antborized by Congress, to the navigable capacity of any of the...is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolStaU. L., vol. 89, pp. Construction of bridgesconsent...

...United States; that the Federal Government has assumed jurisdiction over it and has declared it unlawful to excavate or fill or in any manner to alter or modify its course, location, condition or capacity until tlie plans for the proposed work have been submitted...