ELR Citation: 50 ELR 20090
No(s). JKB-19-106 (D. Md. Apr 13, 2020) (Bredar, J.)

A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters during construction of a light rail project, known as the Purple Line project, that would connect suburban Maryland commuters to existing transit stations that connect to Washington, D.C. A nonprofit group argued the Corps' decision to grant the permit was arbitrary and capricious because the Corps had not properly required the MTA to clearly demonstrate the unavailability of a practicable alternative with less extensive aquatic impacts. The court found the group failed to propose a superior alternative that the Corps overlooked, and that the MTA clearly demonstrated the design now under construction was the least environmentally damaging practicable alternative. It therefore denied the group's motion for summary judgment and granted the MTA's cross-motion for summary judgment.