Sierra Club, Inc. v. Bostick

BACHARACH, Circuit-Judge.

This case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under § 404(e) of the Clean Water Act. These permits authorize activities involving discharge of dredged or fill material in U.S. waters and wetlands. See 33 U.S.C. § 1344(e) (2012). Exercising this permitting authority, the Corps issued Nationwide Permit 12, which allows anyone to construct utility lines in. U.S. waters “provided the activity does not result in the loss of greater than/6 acre of [U.S. waters] for each single and complete project.” Reissuance of Nationwide…