United States Fifth Circuit

In a suit alleging that the environment surrounding plaintiffs' dwellings, businesses, and recreational areas will be unlawfully harmed by a developer's dredging and filling of wetlands, a lower court's holding, that the Army Corps of Engineers acted arbitrarily in issuing a Finding Of No Significant Impact (FONSI) based on an improper Environmental Assessment (EA), is affirmed. However, a conclusion that the Corps engaged in improper segmentation of the project is rejected, the lower court's injunction is amended, and the remainder of the decision is reversed.

Appellate Information

• Decided 01/24/2007
• Published 01/25/2007

Judges

• DENNIS, Circuit Judge:, Before DAVIS and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jennifer Lynn Scheller (argued), Devon M. Lehman, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S. Army Corps of Engineers., Walter R. Woodruff, New Orleans, LA, Stanley A. Millan (argued), Jones Walker, Baton Rouge, LA, for Bopp.


• For Appellees:
  
• Adam Lawrence Babich (argued), Tulane University School of Law, Karla Raettig, Tulane University Environmental Law Clinic, New Orleans, LA, for Plaintiffs-Appellees.