ELR Citation: 53 ELR 20119
No(s). 22-1466 (7th Cir. Aug 1, 2023)

The Seventh Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to its decision to continue an over century-old project that involves building river training structures to maintain the navigable channel in the Middle Mississippi River. Environmental groups argued that the Corps violated the Water Resources Development Act (WRDA) by failing to prepare a detailed mitigation plan when it selected the "continue construction alternative" as described in its supplemental EIS, and violated NEPA by failing to provide an adequate purpose-and-need statement in the supplemental EIS, failing to explore reasonable alternatives, and failing to meaningfully consider the studied alternatives. The district court granted summary judgment for the Corps. The appellate court found that neither the Corps' record of decision nor its supplemental EIS constituted a "report," and thus the Corps was not required to develop a specific mitigation plan within the scope of the WRDA. It further found the Corps reasonably defined the purpose and need for the project, identified reasonable alternatives that warranted detailed study, and meaningfully considered those alternatives given the programmatic nature of the supplemental EIS. It affirmed summary judgment for the Corps.