Sierra Club v. Antwerp
United States Court of Appeals for the District of Columbia Circuit
661 F.3d 1147 (2011)
The Army Corps of Engineers (defendant) issued a permit allowing fill material to be discharged into Florida wetlands for construction of a large shopping mall, and environmental groups including the Sierra Club (plaintiff) sued, alleging the permit violated the Clean Water Act (by failing to identify that a less environmentally damaging practicable alternative existed) and the Endangered Species Act (by jeopardizing the endangered wood stork and indigo snake). The lower court granted the Corps summary judgment.
Whether, for a permit to be valid under federal environmental laws, the entity issuing the permit must both consider the issues required by federal law before issuing the permit and make a permit decision that is not arbitrary and capricious.