"This decision sends a message to industry: you cannot have free
rein to destroy our nation's streams and wetlands," said
Earthjustice attorney Howard Fox, who intervened in the industry
suit on behalf of NRDC (Natural Resources Defense Council) and
Sierra Club. "Everyone who cares about protecting our nation's
waters can give thanks today for this decision." Under the Clean
Water Act, discharge of dredged or fill material into US waters
requires a permit from the Army Corps of Engineers. Normally,
would-be dischargers must apply for such permits individually.
However, if the Corps identifies a category of activities that
would have only minimal environmental impact, it can issue a
general permit -- that is, a blanket authorization for all
activities in the category, without the normal individual
scrutiny and opportunity for public input. In the past, the
Corps has issued various general permits -- known as nationwide
permits -- that apply throughout the nation. In 2000 and again
in 2002, the Corps revised an