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Ninth Circuit Upholds Challenge to NWP 48

The Coalition to Protect Puget Sound Habitat v. USACOE, 2021 WL 509850 (9th Cir. 2021) (unpublished) (affirming district finding that the Corps did not adequately explain its conclusions that the 2017 NWP 48 would have not significant impact under NEPA and would have only a minimal cumulative adverse effect on the environment; court rejected the Corps argument that other activities have even bigger effects on the environment; district court did not abuse its discretion in ordering remand without vacatur while the 900 individual shellfish operators sought to receive coverage under individual 404 permits)



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