ELR Citation: 53 ELR 20008
No(s). 21-60889 (5th Cir. Jan 5, 2023)

The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of shrimpers and fishermen argued the permit violated the CWA by failing to show that the approved project was the least environmentally damaging practicable alternative, and by concluding that the wetlands impact caused by construction did not necessitate compensatory mitigation. The court found the Corps satisfactorily explained its reasons for rejecting the alternatives presented during the permitting process and did not act arbitrarily or capriciously in its evaluation of construction impacts and mitigation efforts. It thus denied the petition.