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James City County, Va. v. Environmental Protection Agency

12 F.3d 1330 (1993)

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James City County, Va. v. Environmental Protection Agency

United States Court of Appeals for the Fourth Circuit
12 F.3d 1330 (1993)

  • Written by Rose VanHofwegen, JD

Facts

As water supplies in James City County, Virginia (plaintiff) became inadequate, the county planned to build a dam and reservoir across Ware Creek for a county water supply. The Army Corps of Engineers granted a permit, but the Environmental Protection Agency (EPA) “vetoed” the permit on the grounds that the project would result in the loss of nearly 400 acres of wetlands and aquatic habitat and that the county had practicable alternatives. The county sued, and the court ordered the Corps to issue the permit, reasoning the county had no practicable alternatives. The Fourth Circuit affirmed but remanded to the EPA to decide whether environmental issues alone justified the veto. The EPA vetoed the permit a second time based solely on environmental considerations. The county again sued, and the district court again ordered the Corps to issue the permit. The EPA appealed.

Rule of Law

Issue

Holding and Reasoning (Sprouse, J.)

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