ELR Citation: ELR 20242
No(s). s. 04-2129 et al (4th Cir..)

The court holds that the U.S. Army Corps of Engineers (the Corps) complied with the Clean Water Act (CWA) §404 in promulgating nationwide permit (NWP) 21, a general permit for the discharge of dredged or fill material into U.S. waters that allows projects to proceed only after receiving individualized authorization from the Corps. The Corps identified a category of activities, it determined that those activities would have a minimal environmental impact both separately and cumulatively, and it provided notice and opportunity for public hearing before issuing the permit. The Corps' issuance of NWP 21 thus fell within its authority under CWA §404(e). Consequently, the court vacated a district court's contrary judgment and its injunction against NWP 21 authorizations.

[A prior decision in this litigation is digested at 34 ELR 20048.]