Ohio Valley Environmental v. U.S. Army Corps, No. 12-1999 (4th Cir. 2013)Annotate this Case
Plaintiffs commenced this action to challenge the fill permit issued under section 404 of the Clean Water Act, 33 U.S.C. 1344(a), contending, inter alia, that the Corps, in conducting its analysis for the section 404 permit, "materially misapprehended" the baseline conditions in the relevant watershed, thus corrupting its analysis of the cumulative impact that the Reylas mine would have on the streams in the watershed. The court found no merit to plaintiffs' claim that the Corps "misapprehended" the baseline conditions where the Corps considered the relevant factors, evaluating both the impact site and the entire watershed. Because the Corps' analysis satisfied the National Environmental Policy Act's, 42 U.S.C. 4321 et seq., procedural requirements, the Corps' finding of cumulative insignificance was neither arbitrary nor capricious. Accordingly, the court affirmed the judgment of the district court.