Jones v. Nat'l Marine Fisheries, No. 11-35954 (9th Cir. 2013)
Annotate this CaseWoodlands challenged several aspects of the Corps' Environmental Assessment (EA), and issuance of a "Finding of No Significant Impact" (FONSI) in lieu of preparing a full Environmental Impact Statement (EIS) concerning ORC's application for a permit to mine valuable mineral sands in Oregon. The court concluded that the Corps complied with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321, because the Corps properly considered the risks of hexavalent chromium generation; concluded that the risk of hexavalent chromium generation did not warrant a full EIS; and declined to consider cumulative impacts of future chromium mining. Further, the Corps' alternative analysis did not violate the Clean Water Act, 33 U.S.C. 1251. The court rejected Woodlands' arguments and affirmed the district court's grant of summary judgment in favor of the Corps.
Court Description: Environmental Law. 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.