Global law firm White & Case LLP secured a major victory for Sierra Properties I LLC and Richard E. Jacobs Group LLC, the developers of Cypress Creek Town Center, a shopping mall near Tampa, FL. The case is Sierra Club et al. v. Robert L. Van Antwerp, Lieutenant General, U.S. Army Corps of Engineers et al.
On November 29, 2011, the DC Circuit Court of Appeals ruled against the Sierra Club regarding a wetlands permit for the development of the shopping center. In 2007, the Army Corps approved a permit for Sierra Properties and the Jacobs Group to build a mixed use regional mall on a 500-acre site in Pasco County. A small portion of the site contained wetlands, so a Corps permit was required.
The Sierra Club sued, claiming that the Corps did not properly assess the environmental impact of the planned shopping center. A district court initially ruled in the Sierra Club’s favor, but the DC Circuit reversed the lower court’s decision and upheld virtually all aspects of the Corp’s original permit.
"The appellate court's decision is a resounding victory for the Corps and the developers of Cypress Creek,” said Douglas M. Halsey, White & Case partner and the lead attorney for Cypress Creek's developers, Sierra Properties I LLC and the Richard E. Jacobs Group LLC.
In addition to Halsey, the White & Case team that worked on the case included partners Neal McAliley and David P. Draigh and counsel Angela D. Daker, all of the Firm's Miami office.
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