ELR Citation: ELR 20657
No(s). W90-0040(B) (S.D. Miss. Sep 5, 1990)

The court holds that the National Environmental Policy Act requires the Army Corps of Engineers to update a 1975 environmental impact statement (EIS) for the Yazoo River Basin Flood Control Project before the EIS can serve as the basis for proposed levee construction. The court first finds that the Corps did not improperly segment the project when it separately considered the environmental effects of the levee construction and the channelization portions of the project. Both of the smaller projects are parts of a larger project to which a programmatic EIS applies, and there is no danger that the channelization will be pushed through because the levee has been approved. The court rules that an EIS can become outdated, and an outdated EIS cannot provide the foundation upon which smaller projects can be tiered. The court holds that the Corps' decision not to supplement the 1975 EIS was arbitrary and capricious, since the Corps has admitted that the EIS is outdated. Thus, the court enjoins construction of the levee until the Corps has prepared a supplemental EIS to bring the foundation EIS up to date.

Counsel for Plaintiffs
Tim Waycaster, Jim Warren
P.O. Box 23366, Jackson MS 39225
(601) 355-3910

Counsel for Defendants
Daniel Lynn, Ass't U.S. Attorney
One Jackson Place, 188 E. Capitol St., Ste. 500, Jackson MS 39201
(601) 965-4480