The federal district court for the District of South Carolina granted summary judgment to defendants on claims challenging the U.S. Army Corps of Engineers Clean Water Act Section 404 permit for a mixed-use residential and commercial development on the Cainhoy Peninsula near Charleston, South Carolina. Under the Clean Water Act, the court found that the Corps did not act arbitrarily and capriciously by determining that the project was the least environmentally damaging practicable alternative. The court also deferred to the Corps’ determination that the project would not lead to significant degradation of the waters of the United States and found that the Corps’ public interest review carefully considered the project’s benefits of housing, public services, and conservation “as compared to foreseeable detriments such as increased flooding.” Under the National Environmental Policy Act, the court found that “ample citations to the administrative record” reflected that the Corps considered impacts that the plaintiffs contended the defendants failed to consider, including impacts arising from climate change and sea level rise. The court also found that the plaintiffs had abandoned their Endangered Species Act and Administrative Procedure Act claims against the U.S. Fish and Wildlife Service.

Challenge to the issuance of a Clean Water Act permit authorizing the filling of wetlands for construction of a mixed-use residential and commercial development in South Carolina.

South Carolina Coastal Conservation League v. U.S. Army Corps of Engineers

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South Carolina Federal Court Rejected Challenge to Wetlands Permit for Mixed-Use Development Near Charleston

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United States of America

South Carolina

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South Carolina Federal Court Rejected Challenge to Wetlands Permit for Mixed-Use Development Near Charleston

Policy instrument

Risk

Renewable energy

Fossil fuel

Economic sector