District Court Vacates Cypress Creek Town Center (CCTC) Permit

Following on a June 30, 2010 Opinion finding that the U.S. Army Corps of Engineers (Corps) violated the Clean Water Act in authorizing a massive shopping mall development in Southern Florida (see July 8, 2010 Posting), last week the district Court vacated the CCTC permit, preventing any further development of the mall. Although the Corps and the developer argued that the legal violations were not significant enough to warrant vacatur, the Court disagreed, concluding that “vacatur is appropriate in order to prevent significant harm resulting from keeping the agency’s decision in place.” The Court permitted the developer to continue operating a stormwater discharge system necessary in light of the wetlands destruction that has already occurred, and to complete a road already under construction on the site. A copy of the Court’s Opinion is attached.