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Miccosukee Tribe of Indians v. United States

ELR Citation: 37 ELR 20196
Nos. No. 02-22778, (S.D. Fla., 07/30/2007)

A district court held that the U.S. Army Corps of Engineers' (the Corps') final supplemental environmental impact statement (FSEIS), designed to avoid jeopardy to the endangered Cape Sable seaside sparrow in the Everglades National Park in connection with a water and flood control project in southern Florida, complies with the National Environmental Policy Act. In 2002, various environmental groups and other interested parties challenged, among other things, the Corps' 2002 environmental impact statement (EIS) for the project. The court ordered the Corps to supplement the EIS. The parties now challenge the adequacy of the FSEIS. The FSEIS' alternatives analysis is sufficient even though it refers back to the original 2002 EIS. The FSEIS also uses the proper "No Action Alternative" since the Corps was required to compare the recommended plan to the current operating plan. And the FSEIS sufficiently analyzes cumulative impacts and new water control structures. As this was the last remaining issue in the litigation, the case was closed.