ELR Citation: ELR 20631
No(s). 91-2910 (E.D. La. Aug 16, 1991)

The court holds that plaintiffs are not entitled to a preliminary injunction to halt a proposed outer continental shelf lease sale offshore of Louisiana because they failed to show a likelihood of success on the merits for their claims under the Coastal Zone Management Act (CZMA) and the National Environmental Policy Act (NEPA). The court initially holds that plaintiffs' failure to make an adequate or timely objection to the Secretary of the Interior's determination under the CZMA that the sale was consistent with Louisiana's coastal program does not bar subsequent legal action. The court then holds that plaintiffs failed to show that the Secretary of the Interior's CZMA consistency determination was arbitrary and capricious. The state's evidence that the lease sale could have negative impacts on coastal wetlands is insufficient to show that at the time the consistency determination was made, the Secretary's determination was arbitrary and capricious. The court also holds that plaintiffs are not likely to succeed on their NEPA claim that the environmental impact statement for the lease sale inadequately estimated socioeconomic impacts.

Counsel for Plaintiffs
William Guste Jr., Attorney General
P.O. Box 94005, Baton Rouge LA 70804
(504) 342-7013

Counsel for Defendant
Stephen M. Gallinghouse, U.S. Attorney
Hale Boggs Federal Bldg., 500 Camp St., New Orleans LA 70130
(504) 589-2921