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Arkansas Wildlife Fed'n v. Corps of Eng'rs

Citation: 35 ELR 20257
No. No. 04-35446, (9th Cir., 12/20/2005)

The court holds that the U.S. Army Corps of Engineers complied with the National Environmental Policy Act in connection with its plan to preserve an aquifer in the Grand Prairie Region in East Central Arkansas, a major rice producing area. The plan includes the construction of a system that would pump excess water from the White River into the Grand Prairie region. The Corps adequately considered the project's cumulative impacts of past, present, and future actions on the White River, and the Corps did not act arbitrarily or capriciously in refusing to prepare a supplemental environmental impact statement based on new information. The environmental groups challenging the project failed to show that the changes were substantial.