Jones v. Nat’l Marine Fisheries (No. 11-35954, 2013)
The panel affirmed the district court’s summary judgment in favor of the United States Army Corps of Engineers in an action under the Clean Water Act and the National Environmental Policy Act challenging the Corps’ issuance of a permit as part of a project to mine valuable mineral sands near Coos Bay, Oregon.
The panel held that the Corps complied with the National Environmental Policy Act because: the Corps properly considered the risks of hexavalent chromium generation; the Corps properly considered that the risk of hexavalent chromium generation did not warrant a full environmental impact statement; and the Corps properly declined to consider cumulative impacts of future chromium mining.
The panel also held that the Corps’ analysis of alternative sites and project designs did not violate the Clean Water Act.
- This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.↵