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Sierra Club v. Corps of Eng'rs

ELR Citation: 37 ELR 20299
Nos. No. 06-16505, (11th Cir., 12/07/2007)

The Eleventh Circuit upheld defendant's issuance of a general permit authorizing landowners engaged in "suburban development" in a large, contiguous area of the Florida Panhandle to discharge limited dredged and fill material into federal waters as a proper exercise of defendant's general permitting authority. Where the permit's special conditions significantly constrain the scope of permitted discharge activities and require mitigation of any environmental impacts, and where additional agreements and environmental safeguards are in place, application of the U.S. Army Corps of Engineers' general permitting authority under Clean Water Act (CWA) §404(e) is consistent with the CWA and tailored to the unique issues presented within the permit area.