July 07th, 2018

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US Court of Appeals for the Fifth Circuit Opinions
Atchafalaya Basinkeeper v. U.S. Army Corps

Docket: 18-30257
Opinion Date: July 6, 2018
Judge: Edith Hollan Jones
Areas of Law: Environmental Law

The Corps and Bayou Bridge appealed the district court's grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in part through the Atchafalaya Basin of southern Louisiana. The Fifth Circuit vacated the preliminary injunction, holding that the district court misperceived the applicable regulations, and the Corps' analysis, properly understood, vindicated its decision that an environmental assessment sufficed under these circumstances. In this case, the environmental assessments concerning the permit did not exhibit the Supreme Court's criteria for an arbitrary and capricious decision. Furthermore, the district court abused its discretion by misapplying applicable legal principles and by inadvertently but critically overlooking the Louisiana Wetland Rapid Assessment Method. Accordingly, the court remanded for further proceedings.

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