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Federal judge rules against environmental groups in I-69 suit

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The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.

The alignment of the road selected by the Indiana Department of Transportation and the Federal Highway Administration in this portion, called Section 3, would affect nearly 5 acres of various types of wetlands, nearly 2 acres of open ponds and roughly 1,000 linear feet of streams within the right-of-way to be relocated.

The interstate is being constructed in tiers. The first tier decided what general route to use from Indianapolis to Evansville. The second tier provides for more specific locations of sections of the highway.

Instead of the United States Army Corps of Engineers issuing one Section 404 permit for discharge of pollutants under the Clean Water Act for the entire project, it decided to have an application for each segment of the highway. In order to qualify for a permit, the project must, among other things, be the “least environmentally damaging practicable alternative.”

The Corps issued a permit to INDOT regarding Section 3, allowing INDOT to discharge dredged and fill material into the waters of the United States.

The plaintiffs sued in the Southern District of Indiana, seeking a declaration that the Corps violated Section 404 of the Clean Water Act by issuing a permit for the work on Section 3 without fulfilling Section 404’s requirements, and to prevent further construction of that section or the remainder of the interstate until the Corps complied with Section 404.

They maintain that the CWA requires the Corps to undertake an analysis of whether there is a less damaging practicable alternative for the entire interstate project, not just the section at issue, and that the tiering process lets INDOT work around the CWA.

Judge Larry J. McKinney rejected that argument.

“If granting a permit for one section of the route proved impossible under strictures of the CWA, then it is possible that INDOT and the FHWA might have (to) re-evaluate overall alignment alternatives, but there is no CWA requirement that the Corps must take it upon itself to examine alternatives to a project for which no permit is sought,” he wrote.

The plaintiffs also claimed the Corps public interest review for the Section 3 permit was inadequate because it failed to examine the probable negative impacts of the entire interstate project.

The judge pointed out that the Corps only has the authority to permit or regulate project activity that occurs in the navigable waters of the U.S. He also held the Corps did weigh each of the required general factors and several other specific factors with regards to Section 3, and its public interest review was not arbitrary, capricious, in violation of the law, or contrary to the substantial weight of the evidence.

McKinney granted the defendants’ motion for summary judgment and denied the plaintiffs’ motion for summary judgment.  

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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