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CSX’s rail line is allegedly not a “currently serviceable structure,” yet it is benefiting from exemptions that only apply to such structures.
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The Corps of Engineers is accused of exceeding its authority by issuing multiple Nationwide Permits for what should be considered a single project.
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The Fish and Wildlife Service’s emergency determination allowing work without a full biological opinion is being challenged as a dangerous loophole that undermines the ESA.
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The Forest Service is alleged to have violated forestry plans by permitting CSX’s operations on national forest lands.
The plaintiffs emphasize that their complaint is not about permit violations per se, but about the legality of the agencies’ decisions to issue the permits in the first place. They argue that the actions constitute final agency decisions and are subject to judicial review.
Legal counsel for the environmental groups includes J. Patrick Hunter, Sam Evans, and Clara Derby of the Southern Environmental Law Center. Government defendants are represented by attorneys from the U.S. Department of Justice and the U.S. Attorney’s Office for the Western District of North Carolina. CSX is represented by McGuireWoods LLP.
The case, American Whitewater et al. v. United States Army Corps of Engineers et al., is being heard in the U.S. District Court for the Western District of North Carolina under case number 1:24-cv-00284.
