Sierra Club v. Bostick

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This case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under section 404(e) of the Clean Water Act. These permits authorized activities involving discharge of dredged or fill material in U.S. waters and wetlands. TransCanada Corporation proposed to rely on the nationwide permit to build an oil pipeline, the Gulf Coast Pipeline, running approximately 485 miles and cross over 2,000 waterways. The Corps issued letters verifying that Nationwide Permit 12 would cover the proposed construction. Shortly thereafter, TransCanada began constructing the pipeline, which was completed. Three environmental groups (Sierra Club, Inc.; Clean Energy Future Oklahoma; and East Texas Sub Regional Planning Commission) challenged the validity of the nationwide permit and verification letters. The district court rejected these challenges and entered judgment for the defendants. After review, the Tenth Circuit affirmed the entry of judgment in favor of the defendants. View "Sierra Club v. Bostick" on Justia Law