Center for Biological Diversity v. U.S. Army Corps of Engineers

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On December 2, 2020, the U.S. Army Corps of Engineers moved for voluntary remand without vacatur and dismissal in a case challenging a Section 404 dredge-and-fill permit for a new petrochemical plant in Louisiana. Several weeks earlier the Corps gave notice to the company developing the plant that it had suspended the permit and was reevaluating it due to potential defects in the Clean Water Act alternatives analysis. The Corps said their review would result in a new final agency action that would be subject to judicial review. Center for Biological Diversity and other plaintiffs asserted claims under the National Environmental Policy Act—alleging inadequate climate change analysis—as well as the Clean Water Act, the Rivers and Harbors Act, the National Historic Preservation Act, and the Administrative Procedure Act.

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