ELR Citation: 55 ELR 20098
No(s). 4:24-CV-73-BO-BM (E.D.N.C. Jul 22, 2025) (Boyle, J.)

A district court granted in part and denied in part summary judgment for conservation groups in a challenge to FWS' approval of a watershed restoration project in the Mattamuskett National Wildlife Refuge. The groups argued FWS violated the National Wildlife Refuge System Improvement Act and NEPA when it approved the project involving use of toxic algaecide to treat cyanobacteria in Lake Mattamuskett, because it failed to conduct a compatibility determination, failed to consider a reasonable range of alternatives, conducted inadequate analysis of environmental effects, and failed to prepare an EIS. The court found FWS should have prepared a compatibility determination, that the EA failed to adequately analyze impacts and failed to consider a range of reasonable alternatives, and that FWS should have prepared an EIS. It vacated the EA and FONSI and held an EIS must be prepared if FWS wants to continue.