Citizens of the Karst, Inc. v. U.S. Army Corps of Eng'rs

摘要

After carefully considering the Administrative Record, the applicable law, and the parties' arguments, the Court concludes that the Corps' decision not to publish a supplemental notice before issuing Energy Answers a CWA section 404 permit was not arbitrary, capricious, or an abuse of discretion. Accordingly, the Court DENIES plaintiffs' motion for summary judgment, (Docket No. 37), and GRANTS Corps defendants' cross motion for summary judgment, with prejudice (Docket No. 44). Judgment shall be entered accordingly. IT IS SO ORDERED. San Juan, Puerto Rico, February 12, 2016.