December 30, 2005
Wetlands: The Large/Small Handle Issue
Last month, in an interesting take on the large handle/small handle issue, the federal district court in the Southern District of Florida enjoined the Corps from issuing a CWA 404 permit based on inadequate NEPA compliance. The Corps had analyzed only the effects of the filling of the 20+ acres of jurisdictional wetlands and not the cumulative and synergistic impacts of the development of the 1900+ acre biotechnology park proposed by Scripts Research Institute. Florida Wildlife Federation v. Corps, 2005 WL 3418302 (S.D.FL 2005).
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