ELR Citation: ELR 20182
No(s). 05-30956 (5th Cir. Aug 29, 2006)

The court upholds a lower court decision that the U.S. Army Corps of Engineers' environmental assessment (EA) for a section of the Atchafalaya Basin, a flood control area in Louisiana, complies with the National Environmental Policy Act. A nonprofit organization of commercial crawfishermen suggested that the Corps both open up the historical bayous and enforce the permit requirements for pipelines as an alternative plan for the control area. Because the Corps did not address this alternative in its EA, the organization filed suit and sought an injunction of the project. But case law and the regulations at issue do not require that all proposed alternatives, no matter their merit, be discussed in an EA. In addition, the EA adequately considers the cumulative impact of the project on the surrounding areas, and the group fails to demonstrate that the Corps' finding of no significant impact is in error. The lower court's grant of summary judgment in favor of the Corps is therefore upheld.