Thursday, December 3, 2015
Court Upholds Environmental Review and Dismisses Challenge to Bayonne Bridge Project
Sive, Paget & Riesel: "After examining the EA and the extensive record, Judge Ronnie Abrams rejected all of the plaintiffs’ arguments, holding that the Coast Guard satisfied its obligations under NEPA. The Court found that the Coast Guard “adequately considered and disclosed” the Project’s induced growth impacts, even though the agency relied on the results of an expert’s proprietary model and data. Regarding construction, the Court found that the protective measures built into the Project rendered insignificant any potential temporary construction impacts. In addition, the Court found that the Coast Guard sufficiently analyzed the cumulative impacts of the Project and rationally concluded that the Project would not disproportionately burden minority or low income communities. The Court also ruled that the Coast Guard complied with NEPA’s public participation requirements and correctly determined that an EIS was unnecessary."
at 9:59 AM