Holy Cross Wilderness Fund v. Madigan

STEPHEN H. ANDERSON, Circuit Judge.

The central question in this case is whether the Army Corps of Engineers violated the National Environmental Policy Act (“NEPA”) and section 404 of the Clean Water Act (“CWA”) when it issued a permit to allow construction of the Homestake II water project in the Holy Cross Wilderness Area, located in the White River National Forest outside Denver, Colorado pri- or to the completion of studies designed to develop a plan to mitigate any adverse impact on wetlands in the Wilderness Area. The appellant contends as follows: (1) the Corps violated NEPA when it…