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The Climate Litigation Database
Litigation

Friends of Newport Harbor v. U.S. Army Corps of Engineers

Date
2023
Geography
California
Part of
Friends of Newport Harbor v. U.S. Army Corps of Engineers

About this case

Filing year
2023
Status
Complaint filed.
Geography
Docket number
5:23-cv-00591
Court/admin entity
United States → United States Federal Courts → United States Central District of California (C.D. Cal.)
Case category
Federal Statutory Claims → Clean Water ActFederal Statutory Claims → NEPA
Principal law
United States → Administrative Procedure Act (APA)United States → Clean Water Act (CWA)United States → National Environmental Policy Act (NEPA)
At issue
Challenge to U.S. Army Corps of Engineers permit for a confined aquatic disposal (CAD) facility in Newport Harbor in California for disposal of dredged sediment deemed unsuitable for open ocean disposal.

Documents

Filing Date
Type
Action Taken
Document
Summary
04/04/2023
Complaint
Complaint filed.
View
A lawsuit filed in the federal district court for the Central District of California sought to vacate a U.S. Army Corps of Engineers permit for a confined aquatic disposal (CAD) facility in the Newport Harbor in California for disposal of dredged sediment deemed unsuitable for open ocean disposal. The plaintiff alleged that the Corps violated NEPA and the Administrative Procedure Act by issuing the permit without preparing an environmental assessment or any other type of NEPA document and had therefore failed to review the CAD’s environmental impacts, including greenhouse gas impacts. The complaint also asserted a claim under the Clean Water Act.

Summary

Challenge to U.S. Army Corps of Engineers permit for a confined aquatic disposal (CAD) facility in Newport Harbor in California for disposal of dredged sediment deemed unsuitable for open ocean disposal.