Jump to Navigation
Jump to Content

Quinones-Lopez v. Coco Lagoon Dev. Corp.

ELR Citation: 13 ELR 20700
Nos. No. 80-2533 (TR), 562 F. Supp. 188/20 ERC 1043/(D.P.R., 03/29/1983)

The court upholds the Corps of Engineers' decision not to prepare an environmental impact statement for an after-the-fact dredge and fill permit. The court rules that the administrative record supports the Corps' decision. The Corps, in considering the mitigation measures imposed on the applicant, reasonably concluded that the environmental impact of the activities would have a net positive effect and would not significantly affect the environment within the meaning of the National Environmental Policy Act. The court also rules that the Corps did not abuse its discretion by denying requests for a public hearing since the requests were untimely. Nor did the Corps violate the Coastal Zone Management Act by failing to require state certification. Although the state had not established certification procedures, the Corps and the state had implemented temporary procedures to ensure compliance.

Counsel for Plaintiffs
Carlos Vizcarrondo Irizarry
Legal Services of Puerto Rico
Canovanos, Humacao Dist., PR 00661
(809) 876-3014

Counsel for Defendants
Steven C. Lausell
Jiminez & Fuste
421 Munoz Rivera Ave., G.P.O. Box 6104, San Juan PR 00936
(809) 767-1030