Memorandum Opinion and Injunctive Order

Pending before the court are the plaintiffs’ Motion for a Preliminary Injunction and/or Summary Judgment on All of Their Claims [Docket 43], the Intervening Mining Associations’ Motion to Dismiss [Docket 21] and Cross-Motion for Summary Judgment [Docket 91], and the United States’ Motion for Judgment on the Pleadings [Docket 30] and Cross-Motion for Summary Judgment [Docket 95].  For the reasons stated below, the court FINDS that this case is ripe for adjudication, that the plaintiffs have standing to challenge Nationwide Permit 21, and that all necessary parties are joined in this lawsuit.  The court further FINDS that Nationwide Permit 21 does not comply with the plain language, structure, and legislative history of the Clean Water Act. Section 404(e) of the Clean Water Act authorizes the Corps to issue nationwide permits only for those activities determined before issuance to have minimal environmental impact. Nationwide Permit 21 requires a case-by-case, post hoc determination of minimal environmental impact which runs afoul of that section.  Accordingly, the plaintiffs’ motion [Docket 43] is hereby GRANTED, the Intervening Mining Associations’ motions [Docket 21, 91] are DENIED, and the United States’ motions [Docket 30, 95] are DENIED.