ELR Citation: ELR 20232
No(s). s. 3:05CV362J32TEM, 3:05CV459J32TEM, (M.D. Fla. Nov 10, 2005)

A court preliminarily enjoins the U.S. Army Corps of Engineers (Corps) from issuing any new project authorizations under "SAJ-86," a regional general permit that contemplates development of 48,150 acres in Northwest Florida, as well as any construction that is occurring or is about to occur as a result of that permit. Environmental groups challenging the permit demonstrated a substantial likelihood that the general permit fails to comply with the Clean Water Act (CWA) and that the Corps' decision to issue the permit was arbitrary and capricious under the Adminstrative Procedure Act. The permit fails to comply with the CWA requirements that a general permit be issued only for activities that are similar in nature and that it only regulate activities that will cause minimal adverse environmental effects both separately and cumulatively. And while the groups submitted affidavits from at least two experts who agree that the environmental impacts of projects under the permitting scheme will be devastating, the Corps failed to articulate any harm it would suffer were an injunction issued.