Jump to Navigation
Jump to Content

Friends of the Capital Crescent Trail v. United States Army Corps of Engineers

ELR Citation: 51 ELR 20082
Nos. 20-1544, (4th Cir., 05/13/2021)

In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted the permit without considering alternatives other than the options evaluated during NEPA review. The district court found that it was not unreasonable for the Corps to incorporate the NEPA alternatives analysis and focus on those alternatives rather than trying to "reinvent the wheel" by proposing new alternatives, and granted summary judgment for the Corps. The appellate court agreed, finding no reason to require the Corps to expand its review beyond the NEPA alternatives and that its analysis of the alternatives conducted in the NEPA process was comprehensive. It affirmed summary judgment for the Corps.