HARRISON CTY. v. U.S. ARMY CORPS OF ENGINEERS

No. 21-60897.

63 F.4th 458 (2023)

HARRISON COUNTY, MISSISSIPPI; Hancock County, Mississippi; City of Biloxi, Mississippi; City of D'Iberville, Mississippi; City of Waveland, Mississippi; Mississippi Hotel and Lodging Association; Mississippi Commercial Fisheries United, Incorporated; City of Pass Christian, Mississippi; City of Diamondhead, Mississippi, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 27, 2023.


Attorney(s) appearing for the Case

Robert Baxter Wiygul, Esq. , Waltzer Wiygul & Garside, L.L.C., Ocean Springs, MS, for Plaintiffs-Appellants.

Rachel Heron , Environment & Natural Resources Division-Appellate Section, Washington, DC, Frederick Harter Turner , Environment & Natural Resources Division, Washington, DC, for Defendant-Appellee.

Before Richman, Chief Judge, and Ho and Engelhardt, Circuit Judges.


Plaintiffs aggrieved by increased usage of the Bonnet Carré Spillway sued the Army Corps of Engineers to compel the Corps' preparation of a supplemental Environmental Impact Statement as purportedly required by the National Environmental Policy Act (NEPA). The district court granted the Corps summary judgment...

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