Slerra Club v. U.S. Army Corps of Engineers

No. 00-10190 (5th Cir. February 22, 2001)

ELR Digest

The court affirms a district court decision denying two motions filed by an environmental group to preliminarily enjoin the Florida Department of Transportation from dredging and filling land under a U.S. Army Corps of Engineers' permit in order to construct a highway. The court first holds that it lacks jurisdiction to review the group's appeal of the denial of the first motion because the group filed its appeal of the district court order denying the first motion well beyond the 60-day period in which notices of appeal must be filed. The court also holds that based on the record before it, the district court did not abuse its discretion in denying the group's second motion. Although the group contends that the highway project was taking or was reasonably likely to take two endangered species in violation of the Endangered Species Act, the group failed to demonstrate that the highway represents a reasonably certain threat of imminent harm to the species. Contrary to the group's assertions, the district court could properly conclude from the record that the possibility of mortality due to highway traffic, human-associated predators, and poisoning is simply too remote to warrant a preliminary injunction.

The full text of this decision is available from ELR (5 pp., ELR Order No. L-342).

[Counsel not available at this printing.]

[31 ELR 20500]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]