ELR Citation: 53 ELR 20114
No(s). 1:22-cv-02430 (CJN) (D.D.C. Jul 24, 2023) (Nichols, J.)

A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respect to the ESA claims, the court found that NMFS reasonably concluded the project was not likely to adversely affect listed corals, that FWS reasonably concluded the project was not likely to adversely affect the Antillean manatee, and that the Corps was not required to confer with NMFS on a proposed critical habitat for five threatened corals. With respect to NEPA, it found the EA took a sufficiently "hard look" at potential air pollution and safety risks from the project, effects on historic resources, and cumulative impacts, and that an EIS was not required. As to the CWA claims, it found the Corps properly considered less environmentally damaging alternatives and potential effects on corals from dredging, transport, and disposal. It denied the groups' motion for summary judgment and granted the agencies' cross-motion.