Applewood Properties, LLC v. New South Properties, LLC Because the county Natural Resources Department never found the defendant-contractor to be in violation of any law, rule, order or erosion and sedimentation and control plan, plaintiff did not have standing to bring a civil action under the Sedimentation Pollution Control Act to seek redress for its injuries.
Ohio Valley Environmental Coalition Inc. v. U.S. Army Corps of Engineers The 4th Circuit affirms issuance of a water quality permit under the Clean Water Act to Highland Mining Company, on the basis that a proposed surface coal mine adjacent to a stream in Logan County would not damage water quality or violate water quality standards.
Quality Built Homes, Inc. v. North Carolina Department of Environment & Natural Resources Since wetlands absorb runoff rather than producing it, wetlands are not included in a development’s “drainage area.”
We affirm the superior court’s decision to uphold respondent’s approval of a 401 Water Quality Certification with Additional Conditions.
Village of Bald Head Island v. U.S. Army Corps of Engineers A district court did not err in dismissing a North Carolina coastal town’s suit seeking to enforce the U.S. Army Corps of Engineers’ alleged commitments to protect adjacent beaches during a project to widen portions of the Cape Fear River navigation channel, and the 4th Circuit affirms dismissal of the suit.
PCS Nitrogen Inc. v. Ashley II of Charleston LLC In these appeals arising from disputes over liability for hazardous substance cleanup at a former fertilizer manufacturing site in Charleston, S.C., the 4th Circuit affirms a trial court order that holds both the current and former owners responsible for costs under the Comprehensive Environmental Response, Compensation and Liability Act.
Dow AgroSciences LLC v. National Marine Fisheries Service A “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706, and the 4th Circuit reverses summary judgment for the Fisheries Service and vacates its opinion concluding certain pesticides would jeopardize the viability of Pacific salmonids and their habitat and that the pesticides could not be reregistered and used without substantial restrictions.
State ex rel. N.C. Department of Environment & Natural Resources v. Pharr The trial court’s findings of fact and conclusions of law make it clear that the Army Corps of Engineers’ issuance of fill permits to the defendant-landowners did not “tip the scale” in favor of the landowners. The trial court gave more weight to the opinions of the landowners’ experts than to the plaintiff-agency’s expert in finding that any occasional flooding of the landowners’ property was due to rain and runoff rather than the tides.
Webster v. U.S. Dep’t of Agriculture The 4th Circuit upholds a decision by the USDA’s Natural Resources Conservation Service to eliminate from its 35-year-old project for preservation of the Lost River Subwatershed its plan to construct one of five dams, a decision challenged by seven owners who say their land will be adversely affected by this decision; the NRCS has complied with the procedures mandated by the National Environmental Policy Act and taken a hard look at the project’s environmental effects.
Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.
N.C. Wildlife Federation v. N.C. Dep’t of Transportation The 4th Circuit vacates summary judgment for state and federal highway agencies in North Carolina that approved construction of the “Monroe Connector Bypass,” a new 20-mile toll road linking Mecklenburg and Union Counties; the agencies violated the National Environmental Protection Act by failing to disclose “critical assumptions” underlying project approval and by providing the public with incorrect information.
