ELR Citation: ELR 20004
No(s). 07-35506 (9th Cir. Jan 3, 2008)

The Ninth Circuit held that the U.S. Army Corps of Engineers complied with the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA) in issuing a mining company a dredge and fill permit for a major gold mining project in Nome, Alaska, that will place about 15,592,411 cubic yards of fill into 346.5 acres of wetlands. The Corps adequately considered practicable alternatives to the project design that was ultimately approved, and the Corps' determination that the project would not "cause or contribute to significant degradation of the waters of the United States" was neither arbitrary and capricious nor contrary to law. Moreover, the mitigation measures contained in the permit satisfy the CWA's mitigation requirements. In addition, the Corps provided adequate notice and opportunity for comment under NEPA, and its environmental assessment for the project was proper. The court also concluded that the project has no significant detrimental effect on the environment in and near Nome. Accordingly, the Corps was not required to prepare an environmental impact statement. The court, therefore, affirmed a lower court's dismissal of the suit.