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Pack v. Corps of Eng'rs

ELR Citation: 7 ELR 20453
Nos. No. 77-85, 428 F. Supp. 460/10 ERC 2036/(M.D. Fla., 02/25/1977)

The Army Corps of Engineers' Environmental impact statement for proposed dredge and fill activities adequately complied with the requirements of National Environmental Policy Act. The challenged project requires dredging of various offshore sites, except those designated as traditional shrimping grounds, for sand to be used in the restoration of deteriorating beach sections. The impact statement adequately assessed the environmental effects of an erosion project on shrimp and other organisms off the northeast coast of Florida. Since costs and benefits need not be evaluated on a strict monetary basis, the Corps properly brought environmental factors to an equivalent status with quantifiable data when it balanced restoring the rapidly deteriorating coastal beachfront against the relatively minor damage the project would do to marine life. A temporary restraining order is vacated and the preliminary injunction sought by the commercial shrimpers is denied for failure to demonstrate potential success on the merits, a failure to show that the damage to commercial shrimping outweights adverse effects of delay on the project, and a failure to establish irreparable harm to conservation and economic interests.

Counsel for Plaintiffs
Almer W. Beale II, Gary A. Bubb
Toole, Taylor, Mosely & Milton
Suite 1014, Barnett Bank Bldg., 112 W. Adams St., Jacksonville FL 32202
(904) 356-1306

Counsel for Defendants
John L. Briggs, U.S. Attorney; Ernest D. Mueller
Post Office Box 600, Jacksonville FL 32201
(904) 946-2682