West

Alaska Center for the Environment v. West

Good Law
157 F.3d 680·1998 WL 682176
United States Court of Appeals for the Ninth CircuitSeptember 16, 1998No. 96-36190California2,709 words

Opinion

Lead Opinion

Farris, J.

Alaska Center for the Environment appeals the district court’s order granting summary judgment to the Army Corps of Engineers under the Clean Water Act, 33 U.S.C. § 1251 et seq. Alaska Center argues that the Corps violated the CWA by wrongfully issuing five general permits for construction on wetlands in Anchorage. We affirm.

I. BACKGROUND

In 1994, the Corps announced that it would issue five general permits authorizing the filling of certain wetlands specified in the Anchorage Wetlands Management Plan. The permits allow specific discharges for five different categories of activities: GP 93-10 applies to residential fill pads, including site preparation and driveways; GP 93-11 applies to roads and other linear development; GP 93-12 applies to commercial, institutional, and community development; GP 93-13 applies to industrial developments; and GP 93-14 applies to wetlands, habitat, and water quality enhancement projects.

The five-year general permits expire in late 1999 and potentially implicate 2,142 acres of wetlands. Based on analysis of pri- or years and the initial year of the present permits, however, the Corps concluded that only 360 acres would likely be…

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