National Wildlife Federation v. U.S. Army Corps of Engineers

Three environmental organizations filed a lawsuit in the federal district court for the District of Columbia claiming that the U.S. Army Corps of Engineers’ approval of an update to the Master Water Control Manual for federal dams and reservoirs in the Apalachicola-Chattahoochee-Flint River Basin violated the National Environmental Policy Act (NEPA), the Water Resources Development Act, and the Fish and Wildlife Coordination Act. The alleged flaws in the Corps’ review included that the Corps allegedly relied on a “fundamentally flawed” model to simulate freshwater flows. The plaintiffs contended that the model’s flaws included a reliance on historical hydrological data that was “inadequate in light of known, foreseeable and anticipated changes in climate, including related increases in the frequency, duration and severity of droughts.” The plaintiffs said that the updated Water Control Manual would withhold freshwater flows necessary to sustain the Apalachicola ecosystem and local economies.