ELR Citation: 53 ELR 20153
No(s). 19-3694 (TJK) (D.D.C. Sep 26, 2023) (Kelly, J.)

A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative impacts of its approval. They also argued the CWA § 404 permit issued by the Army Corps of Engineers violated applicable guidelines and regulations. The court found the groups, which were dedicated to conservation of native bird populations and their habitats, showed a cognizable, particularized interest sufficient for standing, but failed to show causation between the purported NEPA error and those interests because DOE had not made a decision based on its NEPA analysis. As for the CWA claim, the court found the Corps' conclusion that the project would not be contrary to the public interest to be reasonable, and that the groups did not identify any error in the Corps' analysis of practicable alternatives. It dismissed the NEPA claims for lack of standing, and granted in part DOE's motion for summary judgment as to the CWA claim.