Wetlands Action Network v. United States Army Corps of Engineers

This case involves a challenge by environmental groups to the United States Army Corps of Engineers (“Corps”) decision to grant Maguire Thomas Partners-Playa Vista (“MTP-PV”) 2 a permit to fill 16.1 acres of federally delineated wetlands and to mitigate the fill by creating a 51-acre freshwater wetland system. Wetlands Action Network and California Public Interest Research Group (collectively “WAN”) brought suit in the district court alleging that the Corps had failed to fulfill their legal obligations under the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., and the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., in granting MTP-PV a fill permit pursuant to section 404 of the CWA. The district court denied MTP-PV’s motion to intervene as a right in the NEPA claims but granted MTP-PV’s motion in the alternative for permissive intervention. The district court, however, limited MTP-PV’s participation in the NEPA claims to the relief phase. MTP-PV appeals this decision.

The district court granted summary judgment to WAN on its NEPA claims, invalidated the permit, and enjoined MTP-PV from any further construction activities in the area covered by the permit.…