United States Fifth Circuit

Summary judgment for the United States Army Corps of Engineers on claims arising from a non-profit organization of commercial crawfishermen's challenge under the National Environmental Policy Act (NEPA) to the Corps' Environmental Assessment (EA) of a flood control area in Louisiana is affirmed where: 1) the Corps was not arbitrary and capricious in choosing to reject the non-profit's proposed alternative; and 2) the Corps' Finding of No Significant Impact (FONSI) was not arbitrary or capricious.

Appellate Information

• Decided 08/29/2006
• Published 08/30/2006

Judges

• EMILIO M. GARZA, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Leigh Ann Haynie (argued), Carencro, LA, for Plaintiff-Appellant., Mary V. Kinsey, U.S. Army Corps of Engineers, Office of Dist. Council, New Orleans, LA, for U.S. Army Corps of Engineers.


• For Appellees:
  
• Janice E. Hebert, Asst. U.S. Atty. (argued), Lafayette, LA, for Defendants-Appellees.