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National Audubon Society v. United States Army Corps of Engineers

ELR Citation: 51 ELR 20050
Nos. 19-2151, (4th Cir., 03/26/2021)

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina. An environmental group challenged the issuance of the permit on the ground that numerous analyses conducted by the Corps in both its EIS and record of decision were inconsistent with NEPA and the CWA. The district court rejected the group's challenges and granted summary judgment to the Corps. The appellate court concluded that the Corps adequately examined the relevant facts and data and provided explanations that rationally connected those facts and data with its decision to issue the permit. It therefore affirmed summary judgment for the Corps.