Preliminary injunction denied in Panama City Airport litigation
Florida Clean Water Network v. Grosskruger, Case No. 3:08-cv-120-J-32TEM (M.D.Fla. Feb 20, 2008)
RULING: In this motion for a preliminary injunction of U.S. Army Corps and U.S. Fish and Wildlife actions associated with the Panama City airport, the Court held that “Plaintiffs have failed to show that the Corps acted arbitrarily and capriciously or abused its discretion in defining the project purpose, in evaluating practicable alternatives, in assessing cumulative and indirect impacts, in declining to supplement the EIS regarding the dewatering issue, in relying on the Fish and Wildlife Service’s Biological Opinion to reach decision as to the effect of the project on the flatwoods salamander and other species and biota, in assessing the mitigation plan, or in any of the broader or narrower explications of these issues suggested by plaintiffs… As for plaintiffs’ claims against the Fish and Wildlife Service brought under the Endangered Species Act… plaintiffs have not demonstrated (to a substantial or even reasonable likelihood) that the Biological Opinion issued by the Fish and Wldlife Service violated the procedural or substantive requirements of the Endangered Species Act. See BNET article.