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Sierra Club v. United States Army Corps of Engineers

399 F. Supp. 2d 1335 (2005)

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Sierra Club v. United States Army Corps of Engineers

United States District Court for the Middle District of Florida
399 F. Supp. 2d 1335 (2005)

DC

Facts

In 2004, pursuant to the Clean Water Act (CWA), the United States Army Corps of Engineers (the corps) (defendant) issued regional general permit SAJ-86 for the development of 48,150 acres of land in Northwest Florida (the permitted area). SAJ-86 authorized development of up to 30 percent of the permitted area, including residential, commercial, recreational, and institutional projects. In response to a public comment challenging the breadth of SAJ-86’s permissible development, the corps indicated that SAJ-86 covered components of suburban development. The terms of SAJ-86 dictated that no more than 20 percent of the permitted area’s wetlands could be destroyed in any of the 19 geographic subbasins, and no more than 1,500 acres of wetlands could be destroyed across the entire permitted area. In 2005, the Sierra Club (plaintiff) sued to enjoin enforcement of SAJ-86, alleging that the general regional permit violated the CWA.

Rule of Law

Issue

Holding and Reasoning (Corrigan, J.)

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Environmental Law

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