Fourth Circuit affirms Army Corps CWA permit for Charleston's Cainhoy Plantation development
The U.S. Court of Appeals for the Fourth Circuit affirmed a Clean Water Act Section 404 permit issued by the Army Corps of Engineers for a large residential development near Charleston. The published decision turned on how the Corps evaluated alternatives and reduced wetlands impacts, and it signals how NEPA-adjacent permitting records will be tested on appeal when development and conservation claims collide.
- The Fourth Circuit on October 23, 2026 affirmed the Corps' Clean Water Act Section 404 permit for the Cainhoy Plantation development in Charleston.
- The permit covers residential and mixed-use development on portions of a 9,076-acre property, with thousands of acres to be permanently conserved.
- The Corps reduced projected wetlands impacts by nearly 90%, from 1,820 acres to 181.5 acres, after years of analysis.
- The court found the Corps evaluated numerous alternatives and concluded none offered a practicable path to needed housing with fewer environmental impacts.
- Attorneys from ENRD's Environmental Defense, Natural Resources, Wildlife and Marine Resources, and Appellate Sections handled the litigation.