Justice Department Defends Army Corps’ Thorough Review for CWA Permit, Paving the Way for Much Needed Housing Development in Charleston, South Carolina

The U.S. Court of Appeals for the Fourth Circuit today affirmed the issuance by the U.S. Army Corps of Engineers (Corps) of a Clean Water Act Section 404 permit for the Cainhoy Plantation development in Charleston, South Carolina. The published decision paves the way for a major, long‑term housing initiative designed to meet the needs of one of the country’s fastest‑growing metropolitan areas.

“Charleston’s rapid growth has created a real need for responsibly planned housing,” said Principal Deputy Assistant Attorney General Adam Gustafson of ENRD. “This ruling confirms that the Corps followed the law, thoroughly evaluated alternatives, and approved a plan that supplies homes and community infrastructure while protecting the region’s most valuable wetlands.”

The Corps’ permit authorizes carefully planned residential and mixed‑use development on portions of a 9,076‑acre property — an area the City of Charleston has long identified as essential to meeting regional growth and housing demand. The project will provide new housing, schools, medical facilities, and community services, all while permanently conserving thousands of acres of land.

In affirming the permit, the court recognized that the Corps conducted a thorough, data‑driven review of numerous alternatives before concluding that none offered a practicable path to delivering needed housing with fewer environmental impacts. The court emphasized that the Corps worked with the developers to reduce projected wetlands impacts by nearly 90%, from 1,820 acres to just 181.5 acres, after years of analysis and refinement. 

Attorneys from ENRD’s Environmental Defense, Natural Resources, Wildlife and Marine Resources, and Appellate Sections handled the litigation.

The Justice Department’s Energy and Natural Resources Division (ENRD) last week received a favorable decision regarding its statement of interest filing in a Colorado case. ENRD also filed an amicus...