By TONI ELLINGTON
On October 10, 2014, three environmental groups
filed suit in the U.S. District Court for the District of Columbia Circuit,
Case No. 14-1701, against the Army Corps of Engineers (“ACE”), alleging that
ACE violated the Clean Water Act when it issued a permit to allow the
construction of seawalls, bulkheads, and other hardened structures in coastal
areas. The lawsuit was filed by the
National Wildlife Federation, Ogeechee Riverkeeper and Savannah Riverkeeper
over a nationwide permit issued by ACE.
Nationwide Permit 13 allows the construction of a
bank stabilizing structures along shorelines without public notice and a public
comment period. The permit allows
structures up to approximately 200 yards in length to be built without going
through the approval process with ACE.
The plaintiffs allege that the nationwide permit
violates the Rivers and Harbors Appropriation Act, the National Environmental
Policy Act or NEPA, and the Administrative Procedures Act. The groups claim these structures cause
damage to the shoreline, and that ACE issued the nationwide permit without
conducting an environmental assessment under NEPA. The plaintiffs claim the stabilizing
structures threaten important fish and wildlife habitats.
The use of bank stabilizing structures has increased
as sea levels rise.
According to the permit language, bank stabilizing
structures are “necessary for erosion prevention.” ACE’s assessment is that if the specific
requirements of the permit are met, the structures have minimal adverse effects
on the aquatic environment.
The permit can be found at
http://www.usace.army.mil/Portals/2/docs/civilworks/nwp/2012/NWP_13_2012.pdf.
For more information, contact Toni Ellington at (504)
599-8500.
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