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Residents for Sane Trash Solutions, Inc. v. United States Army Corps of Engineers

ELR Citation: 44 ELR 20163
Nos. 12 Civ. 8456, -8458, (S.D.N.Y., 07/10/2014) (Crotty, J.)

A district court upheld a CWA §404 permit issued by the U.S. Army Corps of Engineers for the construction of a large marine transfer station near the upper east side of New York City. A group of residents filed suit challenging the permit, claiming that the Corps' issuance of the permit was arbitrary, capricious, and unlawful, and that the Corps failed to take a "hard look" at the transfer station's consequences and alternatives, as required by NEPA. But court ruled that their claims lack merit. The Corps' decision to issue the permit was rational and well-supported by the voluminous administrative record. The Corps considered the pertinent evidence, examined the relevant factors, and articulated a satisfactory explanation for its action. The group also argued that the EA should be supplemented and that the permit be reconsidered in light of Superstorm Sandy. But after Sandy occurred and FEMA issued revised flood maps, the city again took a hard look at the project and decided its first look was sufficient.