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Optimus Steel, LLC v. U.S. Army Corps of Engineers

ELR Citation: 50 ELR 20236
Nos. 1:20-CV-00374, (E.D. Tex., 10/04/2020) (Truncale, J.)

A district court denied a steel mill owner's motion to preliminarily enjoin construction of a gas pipeline in Texas. The owner argued that the Army Corps of Engineers authorized the construction in violation of the CWA, the ESA, and NEPA. The court found that the owner had not clearly demonstrated a substantial likelihood of success on the merits of its claims, a substantial threat that it would suffer irreparable harm, or that the threatened injury outweighed any damage the injunction might cause the Corps, and that the injunction would not serve the public interest. It therefore denied the owner's motion for preliminary injunction.