Friends of Back Bay, et al. v. US Army Corps of Engineers, et al.
Plaintiffs challenged the Corps' decision to approve a permit under section 404 of the Clean Water Act (CWA), 33 U.S.C. 1344, and section 10 of the Rivers and Harbors Act of 1899 (RHA), 33 U.S.C. 403, to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach. Plaintiffs appealed the district court's award of summary judgment to defendants. Having concluded that the Corps' grant of the permit violated the applicable National Environmental Protection Act (NEPA), 42 U.S.C. 4332(2)(C), procedural requirements, the court was not inclined to decide whether it should not have issued on different grounds. Therefore, the court vacated the judgment, remanded for preparation of an Environmental Impact Statement (EIS), and remanded for further proceedings. View "Friends of Back Bay, et al. v. US Army Corps of Engineers, et al." on Justia Law