Save Our Wetlands v. Corps of Eng'rs
Citation: 32 ELR 20423
No. No. Civ.A.01-3472, (E.D. La., 01/15/2002)
The court denies an environmental group's motion to preliminarily enjoin construction of a development project in Louisiana until the U.S. Army Corps of Engineers prepares an environmental impact statement for the project. The court first holds that the Corps' finding of no significant impact for the project was not arbitrary and capricious. The Corps adequately considered the direct, indirect, and cumulative effects of the proposed development, and its conclusion that the project will not significantly increase flooding was not arbitrary and capricious. Similarly, the Corps adequately considered alternatives and mitigation measures for the project. The environmental group, therefore, failed to demonstrate a likelihood of success on the merits. The court next holds that, because the Corps concluded that there is no significant chance of increased flooding as a result of the project, there is no threat of irreparable injury. The court further holds that a preliminary injunction would not be in the best interest of the public. The group's motion, therefore, was denied.
Counsel for Plaintiff
Plauche F. Villere Jr.
Lenfant & Villere
837 Gravier St., New Orleans LA 70112
Counsel for Defendant
Robert L. Klarquist
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530