Great Rivers Habitat v. U.S. Army Corps of Enginr.

Decision Date03 April 2006
Docket NumberNo. 4:05CV01567ERW.,4:05CV01567ERW.
Citation437 F.Supp.2d 1019
PartiesGREAT RIVERS HABITAT ALLIANCE et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS et al., Defendants.
CourtU.S. District Court — Eastern District of Missouri

David C. Knieriem, Steven J. Poplawski, Bryan Cave LLP, Charles A. Weiss, Bryan Cave LLP, St. Louis, MO, for Plaintiffs.

Frank H. Hackmann, Sonnenschein and Nath, LLP, Jane Rund, Office of U.S. Attorney, St. Louis, MO, V. Scott Williams, Hazel Wood and Weber, LLC, St. Charles, MO, Bradley A. Winters, Sonnenschein and Nath, LLP, St. Louis, MO, for Defendants.

MEMORANDUM AND ORDER

WEBBER, District Judge.

This matter comes before the Court upon Defendant St. Peters's Motion for Summary Judgment [doc. # 27], Defendant United States Army Corps of Engineers' Motion for Summary Judgment [doc. # 29], Plaintiff Missouri Coalition for the Environment Foundation's Motion for Summary Judgment [doc. # 32], Plaintiff Great Rivers Habitat Alliance's, Baldwin Land Company's, and Over and Under Land Company's Motion for Summary Judgment [doc. # 35], and Plaintiff City of O'Fallon's Motion for Summary Judgment [doe. # 36].

I. BACKGROUND FACTS

This case involves a challenge by Plaintiffs to a decision by Defendant Army Corps of Engineers ("Corps") to issue a Section 404 Permit ("Permit")[1 to Defendant City of St. Peters ("City"). For the past several years, the City has been taking steps to develop a proposed mixed-use area known as Lakeside Business Park, which it hopes will include office, warehouse, manufacturing, dining, entertainment, hotel, conference, cultural, and recreational uses ("Project"). The Project includes construction of a 500-year levee, two storm water pumping stations, stormwater drainage channels and detention basins, and road improvements.2 The Project is located in a floodplain3 and contains wetland areas,4 necessitating certain authorizations from various federal and state agencies before alteration from a natural condition may be made. One of these required authorizations must come from the Corps.5 Thus, on October 16, 2003, the City applied to the Corps for a Permit to allow it to fill wetlands and other waters in the Project area.

On December 31, 2003, the Corps issued its first Public Notice for the Project, and invited public comments. Sixty-nine commenters responded to the initial Public Notice. The Corps subsequently determined that a public hearing would be beneficial, and a public hearing was conducted on October 21, 2004. One hundred ninetyone written comments were presented at the hearing or during the comment period following the hearing, and sixty-five commenters made oral statements at the hearing. Comments were submitted by agencies, advocacy groups, and individuals.6 On July 25, 2005, the Corps completed its Permit Evaluation and Decision Document ("Decision Document"), which contains the Corps' Environmental Assessment ("EA"), Statement of Findings, and review and compliance determination. Upon determining that the Project will not have a significant impact on the quality of the human environment, the Corps issued its Finding of No Significant Impact ("FOSI") and determined that a more detailed Environmental Impact Statement ("EIS") was not required. On August 16, 2005, the Corps issued the Permit, conditional upon the City's receipt of a Water Quality Certification from the Missouri Department of Natural Resources. The Water Quality Certification was issued on September 8, 2005, and the Corps validated the Permit on September 9, 2005, after which time the City began work on the Project.

On September 27, 2005, Plaintiffs filed the instant suit pursuant to the Administrative Procedures Act ("APA"), alleging that the decision to issue the Permit was arbitrary, capricious, an abuse of discretion, or otherwise not lawful. At that time, Plaintiffs moved for a Temporary Restraining Order. A hearing on Plaintiffs' request for temporary relief began on September 27, 2005 and was continued to September 29, 2005. On September 30, 2005, Plaintiffs' request for temporary relief was denied. On October 21, 2005, the Corps filed the Certified Administrative Record in this case. The parties now bring crossmotions for summary judgment.

II. SUMMARY JUDGMENT STADARD

Pursuant to Federal Rule of Civil Procedure 56(c), a court may grant a motion for summary judgment only if all of the information before the court shows "there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The United States Supreme Court has noted that "summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the federal rules as a whole, which are designed to `secure the just, speedy and inexpensive determination of every action.'" Id. at 327, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 1). "By its terms, [Rule 56(c)(1) provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Material facts are those "that might affect the outcome of the suit under the governing law," and a genuine material fact is one such that "a reasonable jury could return a verdict for the nonmoving party." Id.

The initial burden of proof in a motion for summary judgment is placed on the moving party to establish the non-existence of any genuine issue of fact that is material to a judgment in its favor. City of Mt. Pleasant, Iowa v. Associated Elec. Co-op., Inc., 838 F.2d 268, 273 (8th Cir. 1988). Once this burden is discharged, if the record does in fact bear out that no genuine dispute exists, the burden then shifts to the non-moving party who must set forth affirmative evidence and specific facts showing there is a genuine dispute on that issue. Anderson, 477 U.S. at 249, 106 S.Ct. 2505. When the burden shifts, the non-moving party may not rest on the allegations in its pleadings, but by affidavit and other evidence must set forth specific facts showing that a genuine issue of material fact exists. Fed.R.Civ.P. 56(e); Stone Motor Co. v. Gen. Motors Corp., 293 F.3d 456, 465 (8th Cir.2002). To meet its burden, the non-moving party must "do more than simply show there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In fact, the non-moving party must show there is sufficient evidence favoring the non-moving party which would enable a jury to return a verdict for it. Anderson, 477 U.S. at 249, 106 S.Ct. 2505; Celotex, 477 U.S. at 324, 106 S.Ct. 2548. "If the non-moving party fails to produce such evidence, summary judgment is proper." Olson v. Pennzoil Co., 943 F.2d 881, 883 (8th Cir.1991).

III. DISCUSSION

Pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq, Plaintiffs seek judicial review of the Corps' decision to issue the Permit. Under the APA, a reviewing court must uphold an agency action unless it was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). A decision is arbitrary and capricious if

the agency has relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.

Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). Importantly, "the agency must examine the relevant data and articulate a satisfactory explanation for its action including a `rational connection between the facts found and the choice made.'" Id. (quoting Burlington Truck Lines v. U.S., 371 U.S. 156, 168, 83 S.Ct. 239, 9 L.Ed.2d 207 (1962)). The scope of review is narrow, and the reviewing court must not substitute its judgment for that of the agency. Cent. S.D. Coop. Grazing Dist. v. Sec'y of U.S. Dep't of Ag., 266 F.3d 889, 895 (8th Cir.2001). The reviewing court "`must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.'" Nat'l Wildlife Fed'n v. Whistler, 27 F.3d 1341, 1344 (8th Cir.1994) (quoting Motor Vehicle Mfrs., 463 U.S. at 43, 103 S.Ct. 2856). In short, a court may not "supply a reasoned basis for the agency's action that the agency itself has not given," but a court will "uphold a decision of less than ideal clarity if the agency's path may reasonably be discerned." Motor Vehicle Mfrs., 463 U.S. at 43, 103 S.Ct. 2856 (internal quotation marks omitted). An agency is not required to furnish detailed reasons for its decision, but should provide a rationale "sufficiently clear so that a court is not required to speculate as to its basis." O-J Transp. Co. v. U.S., 536 F.2d 126, 130 (6th Cir.1976). Importantly, a court may not set aside an agency's decision merely because the court is unhappy with the result reached or because the court would have reached a different decision had it been the decision-maker. Vermont Yankee Nuclear Power Corp. v. Natural Res. Def. Council, Inc., 435 U.S. 519, 558, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978).

A. Counts I, II, and III

The first three counts of the Complaint are based on an allegation that, in making the Permit decision, the Corps failed to properly consider and evaluate practicable...

To continue reading

Request your trial
10 cases
  • Club v. Lt. Gen. Robert L. Van Antwerp
    • United States
    • U.S. District Court — Southern District of Florida
    • 30 Enero 2009
    ...(D.Md.1983), aff'd. 725 F.2d 677 (4th Cir.1984) (construction of townhouse community); Great Rivers Habitat Alliance v. United States Army Corps of Eng'rs, 437 F.Supp.2d 1019, 1028-30 (E.D.Mo.2006) (construction of flood control levee and road improvements for a mixed-use development); Nort......
  • Para v. 1691 Ltd. P'ship
    • United States
    • Court of Special Appeals of Maryland
    • 1 Mayo 2013
    ...for excluding other alternatives or artificially constraining [MDE's] alternatives analysis.” Great Rivers Habitat Alliance v. U.S. Army Corps of Eng'r, 437 F.Supp.2d 1019, 1027 (E.D.Mo.2006). Indeed, MDE had initially demonstrated some skepticism regarding 1691's design and requested detai......
  • Town of Abita Springs v. U.S. Army Corps of Eng'rs
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • 23 Diciembre 2015
    ...] needs without being so unduly restrictive as to preclude practicable alternatives.”); Great Rivers Habitat Alliance v. U.S. Army Corps of Eng'rs, 437 F.Supp.2d 1019, 1026–27 (E.D.Mo.2006) (“The Corps properly defined the project purpose in accordance with the City's stated development obj......
  • Friends of Columbia Gorge v. Columbia River
    • United States
    • Oregon Court of Appeals
    • 27 Febrero 2008
    ...the feasible options and reasonably concluded that the proposed design was the best design alternative"); Great Rivers Habitat v. U.S. Army Corps of Enginr., 437 F.Supp.2d 1019, 1030 (E.D. Mo. 2006 (determining that the Corps' conclusion that no practicable alternatives existed was neither ......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT