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Northwest Bypass Group v. Corps of Eng'rs

ELR Citation: 37 ELR 20013
Nos. No. 06-CV-00258-JAW, (D.N.H., 01/05/2007)

A district court denied a motion to preliminarily enjoin a city from filling 3.5 acres of wetlands to construct a road. Environmental groups and homeowners argued that the U.S. Army Corps of Engineers violated the Clean Water Act (CWA), National Environmental Policy Act, and the National Historic Preservation Act in issuing the city a dredge and fill permit under CWA §404. The plaintiffs, however, are not likely to succeed on the merits and they failed to demonstrate irreparable harm from denial of preliminary relief. Moreover, the balance of hardships favors the city over the plaintiffs, and the public interest does not favor a preliminary injunction. Hence, the court denied their request for preliminary injunction.