ELR Citation: ELR 20437
No(s). 5297 (D.R.I. Mar 5, 1974)

The District Court of Rhode Island enjoins the Army Corps of Engineers from dumping spoil dredged from the Providence River at an ocean site off Newport for failure to obtain necessary permits according to the procedures of the Marine Protection, Research, and Sanctuaries Act (MPRSA). That the proposed dumping is the last step in a congressionally authorized project begun before the effective date of MPRSA does not invalidate the permit requirement or the requirement or public hearings because the proposed dumping was funded separately by Congress after the passage of MPRSA and thus is covered by it. Regardless of both the Army's right to improve navigation through dredging and the Army's status as a federal agency, it is not exempt from regulations requiring a permit to dump because it was the clear intent of Congress to have the full environmental impact of such dumping publicly analyzed before it occurred. However, state certification is not required as the dumping of dredged spoil is covered by the MPRSA exclusively and is not subject to state law. The Army's failure to file a NEPA impact statement by the required date does not constitute grounds for enjoining the work in the absence of eviidence showing that the late filing of the NEPA impact statement has had a deleterious effect upon efforts to prevent environmental degradation, and thus, the Army is enjoined only until it complies with permit issuance procedures.

Counsel for Plaintiffs
Ernest C. Torres
1204 Industrial Bank Building
Providence, RI 02903

John Allen
1204 Industrial Bank Building
Providence, RI 02903

Counsel For Defendants
John F. Dolan
40 Westminster Street
Providence, RI 02903

Everett Sammartino
Ass't U.S. Attorney,
State of Rhode Island
Providence, RI 02903