ELR Citation: ELR 20095
No(s). 08-181 (D. Idaho Apr 21, 2009)

A district court denied environmental groups' motion to enjoin the U.S. Army Corps of Engineers from authorizing and/or commencing any dredge and fill activities related to the construction of a byway project in Sandpoint, Idaho. The groups argued that the Corps improperly failed to consider and select one of four less damaging practicable alternatives to one segment of the project in violation of the National Environmental Policy Act (NEPA). But the Corps did not act arbitrarily or capriciously, abuse its discretion, or otherwise act not in accordance with law. The Corps properly defined the project's purpose and evaluated the practical alternatives and considerations appropriate to render its decision in light of that purpose. It complied with the applicable mitigation guidelines and regulations, considered all practical alternatives before it, and even explored additional alternatives from those considered during the NEPA process. And the issues and alternatives raised by the groups were either considered by the Corps or were impracticable in light of the project's purpose.