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Sierra Club v. Corps of Eng'rs

ELR Citation: 37 ELR 20170
Nos. No. 03-04254-CV-C-SOW, (W.D. Mo., 05/24/2007) Decision on remand

A district court held that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it prepared an environmental assessment (EA) in lieu of an environmental impact statement for proposed levee work along the Missouri River. The EA failed to properly consider the cumulative impact of the proposed levee combined with the other flood control structures that currently flank the Missouri River. The Corps' conclusion that the current proposed levee would not create a significant change in the flood profile was arbitrary and capricious since it failed to consider the cumulative impact of adding the proposed levee to the flood control structures already in place. In so doing, it violated NEPA. However, the court dismissed allegations that the Corps failed to evaluate potential development impacts of the proposed levee.

[A prior decision in this litigation can be found at 36 ELR 20068.]