ELR Citation: 43 ELR 20222
No(s). 13-35101 (9th Cir. Oct 7, 2013)

The Ninth Circuit, in an unpublished opinion, affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of a railroad extension in Alaska. The group was not likely to succeed on its claim that the U.S. Army Corps of Engineers erred in issuing a CWA §404 permit because a less environmentally damaging practicable alternative was available—namely, the construction of elevated rail over part or all of the wetlands traversed by the project. The court previously held that this alternative could reasonably be deemed infeasible for NEPA purposes. Moreover, the record supports the Corps' conclusion that this alternative would significantly raise project costs and introduce new logistical problems. Nor did the group show irreparable harm absent an injunction.