ELR Citation: 55 ELR 20016
No(s). 24-1942 (4th Cir. Jan 31, 2025)

The Fourth Circuit affirmed a district court's denial of a motion to temporarily enjoin construction on a real estate development project in South Carolina. Environmental groups argued the CWA §404 permit issued for the project violated the ESA by using a habitat surrogate to set the level of anticipated take of the endangered northern long-eared bat, and violated NEPA because it was issued after completing an EA rather than an EIS. The district court concluded the groups did not have a sufficient likelihood of success on the merits, would not experience irreparable harm absent an injunction, and that the balance of equities did not fall in their favor. The appellate court affirmed the judgment, concluding the lower court did not abuse its discretion when it determined the groups did not have a sufficient likelihood of success.