Sylvester v. Army Corps of Engineers
United States Court of Appeals for the Ninth Circuit
882 F.2d 407 (1989)
Perini Land & Development Co. sought a Clean Water Act § 404 permit from the Army Corps of Engineers (defendant) to fill 11 acres of wetland for a golf course as part of a larger resort development, and the Corps approved the permit after considering, and rejecting, two offsite locations as too small and environmentally riskier. Sylvester (plaintiff) sued to invalidate the permit and sought a preliminary injunction halting construction, arguing the Corps improperly defined the project's purpose as building an 18-hole championship golf course specifically tied to the resort, which skewed the practicable-alternatives analysis by excluding offsite golf course locations; the trial court denied the injunction, and Sylvester appealed.
Whether the Army Corps of Engineers should consider the applicant's purpose for seeking a Clean Water Act permit to fill wetlands in determining whether a practicable alternative exists.