ELR Citation: ELR 20273
No(s). 86-5143 (11th Cir. Nov 5, 1987)

The court holds that the description of the activities and structures proposed in an application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act was sufficiently specific to justify the Corps of Engineers' decision to issue the permit. The application's statements that the property would likely be developed for marine industrial and commercial activities, as well as its comparison of other developments in the immediate area, supplied sufficient information for the Corps to make an informed decision. The court holds that the Corps was not required to prohibit the dredging of a canal authorized by the §404 permit even though fill from that area was no longer needed, because the Corps concluded that the dredging would improve the waterway's navigability. The court holds that the Corps complied with the Endangered Species Act by consulting with the Fish and Wildlife Service about the project's impact on the endangered manatee and complied with the Fish and Wildlife Coordination Act.

A dissenting judge would hold that the permit application did not contain sufficient information for the public or the Corps to weigh the advantages and disadvantages of the project.

Counsel for Plaintiff-Appellant
Edward Lee Rogers
1718 P St. NW, Washington DC 20036
(202) 387-1600

Counsel for Defendant-Appellee
Maria A. Iizuka
Appellate Section, Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2753

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.