ELR Citation: ELR 20989
No(s). 92-1691 (7th Cir. Jun 25, 1993)

The court holds that a town's action to enjoin the U.S. Army Corps of Engineers (Corps) from granting a company a permit for the construction of a radio tower in a floodplain near the town without first performing an individualized assessment of compliance with Executive Order No. 11988 is moot. The court holds that the possibility that the radio tower could increase the likelihood of flooding in the town and cause the town to incur expenses for sandbags and overtime salaries for rescue workers is sufficient to create a case or controversy, provided the relief sought would reduce that possibility. However, the company seeking to construct the broadcast tower withdrew its Federal Communications Commission (FCC) permit application. The property owner cannot use the Corps' approval of the broadcast tower construction as general approval to develop its property with another company because the permit is project-specific. Since the company withdrew its permit application with the FCC, there is no case or controversy under the permit challenged.

Counsel for Plaintiff-Appellant
George B. Knickerbocker
Samelson, Knickerbocker & Payne
575 Lee St., Upper Level, Des Plaines IL 60016
(708) 827-5117

Counsel for Defendants-Appellees
David C. Shilton
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before POSNER and EASTERBROOK, Circuit Judges, and WOOD, JR., Senior Circuit Judge.