Aug. 25, 2010
COURT LIFTS INJUNCTION AGAINST ANCHOR BAY DEVELOPMENT PERMIT
(HOUSTON) – U.S. District Judge Sim Lake has issued an order lifting a previously issued injunction on a U.S. Army Corps of Engineers (USACE)-issued permit for the Anchor Bay Development on the West End of Galveston Island, United States Attorney José Angel Moreno and Chief Fred Anthamatten of the USACE Regulatory Branch in Galveston announced today.
This suit, filed in 2007, revolved around USACE granting a permit to allow the development of the Anchor Bay Subdivision on the west end of Galveston Island and USACE’s assessment of the significance of cumulative impacts to wetlands, uplands and coastal hazards resulting from the proposed development. In its order today, the court concluded that USACE had provided a rational explanation for its conclusion that the development will not result in a significant cumulative impact to the environment.
Because letters submitted by the plaintiffs from two experts concerning coastal risks associated with the proposed development were not part of the administrative record at the time of USACE’s decision, the court did not consider them. Nonetheless, in its decision today, the court noted that had it considered the letters, it would not have reached a different conclusion in deciding to lift the injunction because USACE had provided a detailed explanation for its conclusion.
“We believe this court opinion reaffirms that we are appropriately evaluating permit applications and assessing their cumulative effects to the West End of Galveston Island in making public interest decisions,” said Anthamatten.
The United States was represented in this litigation by Assistant United States Attorney Charmaine Holder and Clark Bartee, counsel for the U.S. Army Corps of Engineers.
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