Nature of the Case
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Facts
D issued a permit authorizing the discharge of dredge and fill material into specified wetlands. This enabled the construction of a large mall, the Cypress Creek Town Center (CCTC). Ps brought suit in district court to challenge issuance of the permit. Ps invoked the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the Endangered Species Act (ESA). The CWA bars D from granting a CWA fill permit when 'there is a practical alternative to the proposed discharge that would have less adverse effect on the aquatic ecosystem.' 'An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.' Ps' argument is that there were practicable alternatives-other sites, or alternative ways of using the CCTC site-having less adverse effect. Ps also contend that the endangered wood stork and indigo snake would be harmed by the project. D rejected these claims. The court ruled for D and Ps appealed.
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