Northwest Envtl. Advocates v. National Marine Fisheries Serv.
ELR Citation: ELR 20176 No(s). 05-35806 (9th Cir. Aug 23, 2006)
The court holds that the U.S. Army Corps of Engineers took the requisite "hard look" at the environmental and economic impacts of a project that would deepen the Columbia River's navigation channel from 40 feet to 43 feet and add new sites for the disposal of dredged materials. The court concludes that the Corps performed exhaustive studies over numerous years, solicited and accommodated input from stakeholders, and thoroughly re-analyzed areas of particular concern. The Corps did not simply consider the channel deepening project in isolation, but analyzed its cumulative impact in conjunction with other projects. Moreover, the Corps responded to concerns from Oregon and Washington about sediment availability and provided additional analyses that led the states to certify the project. And it subjected its analyses to review by independent scientists who subsequently verified the Corps' findings.