ELR Citation: ELR 20236
No(s). s. 3:05-cv-362-J-32TEM, 3:05-cv-459-J-32TEM (M.D. Fla. Nov 19, 2006)

The court held that, "by the slimmest of margins," the U.S. Army Corps of Engineers' issuance of a regional general permit authorizing the dredge and fill of wetlands in a 48,150-acre region in Northwest Florida does not violate the Clean Water Act (CWA) or the National Environmental Policy Act (NEPA). The scope of the permit is not beyond that contemplated by the CWA's general permitting scheme, it adequately describes a category of activities that are similar in nature, and the permit activities will cause only minimal adverse effects to the environment both individually and cumulatively. In addition, the Corps adequately addressed the required criteria of the CWA §404(b)(1) guidelines as well as the public interest review factors of 33 C.F.R. §320.4. The Corps also took the requisite "hard look" at the evidence in arriving at its finding of no significant impact determination, and it did not violate NEPA in rejecting the "no action" alternative. The court, therefore, vacated the preliminary injunction it had previously issued.

[A prior decision in this litigation is digested at 35 ELR 20232]