Jump to Navigation
Jump to Content

Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers

ELR Citation: 49 ELR 20022
Nos. 18-23-SDD-EWD, (M.D. La., 02/07/2019) (Dick, J.)

A district court denied environmental groups' motion to preliminarily enjoin a pipeline company from continuing construction on an oil pipeline in the Atchafalaya Basin. The groups sought the injunction to prevent alleged irreparable harm to the basin, arguing that the company was violating key permit provisions by continuing construction even though conditions in the basin were at flood stage. But the court found the groups had failed to respond to or challenge the company's determinations on what water levels and conditions would be safe for construction when the case previously came before the Fifth Circuit. The court also found the groups' delay in seeking the injunction after learning of the alleged harm undermined the urgency of their request, indicating the harm was not serious enough to justify an injunction. It therefore denied the groups' motion.