The National Sea Grant Law Center is pleased to offer the May 2015 issue of Ocean and Coastal Case Alert. The Case Alert is a monthly newsletter highlighting recent court decisions impacting ocean and coastal resource management. (NSGLC-14-04-05)
TexasGulf Coast Rod Reel & Gun Club, Inc. v. U.S. Army Corps of Engineers, 2015 WL 1883522 (S.D. Tex. Apr. 20, 2015).
- Rollover Pass is a manmade channel that connects Galveston Bay directly to the Gulf of Mexico. In August 2012, the U.S. Army Corps of Engineers (Corps) approved the Texas General Land Office's request for a Clean Water Act (CWA) permit to close Rollover Pass in order to reduce coastal erosion by eliminating sediment and to reduce salinity levels in the Bay's estuary system. Two community groups filed suit, alleging that the Corps' decision to issue a Finding of No Significant Impact under the National Environmental Policy Act (NEPA) for the closure was arbitrary and capricious and that the Corps violated NEPA and the CWA by failing to fully disclose the ecological and socioeconomic impacts that would result from the closure of Rollover Pass. The court granted plaintiffs' motion to introduce additional evidence in the case and litigation will continue.
- Alaska Wilderness League v. Jewell, 2015 WL 1756095 (D.D.C. April 17, 2015).
- The Alaska Wilderness League challenged a U.S. Fish and Wildlife Service regulation allowing certain oil and gas industry players to unintentionally "take" Pacific walruses in the Chukchi Sea off the coast of Alaska. The action was filed in the U.S. District Court for the District of Columbia, and the government responded with a motion to transfer venue to the U.S. District Court for the District of Alaska. The court granted the government's motion to transfer the case based on the court's finding of proper venue, relevant public interest factors, and relevant private interest factors in the District of Alaska. Additionally, the court granted the Alaska Oil and Gas Association's motion to intervene.
The Case Alert is a monthly newsletter highlighting recent court decisions impacting ocean and coastal resource management.