ELR Citation: ELR 21406
No(s). LR-C-91-30 (E.D. Ark. Apr 1, 1991)

The court holds that the Army Corps of Engineers acted arbitrarily and capriciously in deciding that issuance of a dredge and fill permit for a city's bridge construction project to provide access to parks is not a major federal action significantly affecting the quality of human environment, and that this does not require preparation of an environmental impact statement (EIS) under the National Environmental Policy Act. The Corps' consultants recommended against this project because their studies showed a tremendous increase of traffic and noise which would adversely affect the atmosphere and reduce recreational use of the parks. Although the first draft environmental assessment (EA) grants the permit for the project conditioned on a traffic monitoring plan and a speed limit, the second draft EA denies the permit for the project because of the heavy burden on the Corps and the impossibility of enforcing the conditions. Contrary to these findings, the Corps' final EA grants the permit without addressing the traffic problems. The court holds that the Corps' decision is not founded on a reasoned evaluation of the relevant factors, and suspends the permit and the construction until the Corps completes an EIS.

Counsel for Plaintiffs
Webster L. Hubbell
Rose Law Firm
120 E. 4th St., Little Rock AR 72201
(501) 375-9131

Counsel for Defendants
Thomas M. Carpenter
City Attorney's Office
500 W. Markhem, City Hall Rm. 310, Little Rock AR 72201
(501) 371-4527

William C. Adair
U.S. Attorney's Office
600 W. Capitol St., Little Rock AR 72201
(501) 378-5342