• Mark Ryan

Corps 404 Permit Upheld in Maryland

I've read a lot of 404 permit challenges over the years. A year or so ago, I ran the numbers and found that most challenges to Corps 404 permits fail. The case below is yet another example. They're just hard cases to bring. The 404 regs are very complex and the underlying science and policy can also be challenging, which makes courts loathe to second guess the Corps unless the Corps has very clearly erred. The Corps knows how to build a record to support its permits and DOJ is expert in defending them. This isn't to say that no one should ever challenge a Corps permit. The Corps has made mistakes, and had some permits overturned. But the careful practitioner will think long and hard before filing one of these cases.

Friends of the Capital Crescent Trail v. USACOE, 2020 1849704 (D. Md. 2020) (on motion for summary judgement in case challenging Corps 404 permit for light rail line, held that plaintiffs have standing where they showed that their use and enjoyment of the trail and surrounding creeks would be impacted by construction of new rail line; Corps was not arbitrary and capricious in concluding that the locally-preferred alternative was LEDPA; the Corps’ analysis met the 404(b)(1) guidelines; Corps cannot be faulted for relying on prior NEPA analysis)

30 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black