South Carolina Coastal Commission v. US Army Corps of Engineers

An opinion and order from US District Court in Charleston, SC, in South Carolina Coastal Commission v. U.S. Army Corps of Engineers.  The federal district court for the District of South Carolina ruled that environmental groups could assert claims against both the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act’s citizen suit provision to challenge a permit to fill wetlands for a mixed-use development. The plaintiffs’ arguments under the Clean Water Act included that the permit allowed for significant degradation of wetlands that would make residents more vulnerable to flooding and that unnecessary placement of development in locations vulnerable to future sea level rise, flooding, and storm surge would have significant adverse economic effects. The plaintiffs also asserted NEPA and Endangered Species Act claims, which were not the subject of this motion.