Hillsdale Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers

Several environmental groups filed an action challenging the U.S. Army Corps of Engineers’ decision to issue a permit under the Clean Water Act in connection with the construction and development of an intermodal facility consisting of a rail yard and logistics park in Kansas. Among other things, plaintiffs alleged that the Corps violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) concerning project-related greenhouse gas emissions. The district court upheld the Corps’ decision not to prepare an EIS, holding that the agency made a reasoned determination that such a quantification was unnecessary given that EPA has not yet determined whether such GHGs should be regulated and given that there was no certain method to quantify estimates of GHG emissions.