E&A argues at the 10th Circuit to Preserve Judicial Review of Section 404 Permits

Earlier this week, Bill Eubanks of Eubanks & Associates, PLLC represented six conservation groups in a Tenth Circuit oral argument seeking to ensure that federal district courts may review the legality of Clean Water Act permits issued by the U.S. Army Corps of Engineers under Section 404. The district court held that it lacked jurisdiction to hear this challenge, due to the intersection of the Corps’ Section 404 permit with a separate license issued by FERC under the Federal Power Act (which vests judicial review in federal courts of appeal). The outcome of this appeal will have far-reaching implications for judicial review of Section 404 permits in other contexts. The link to the oral argument can be found here.