Quimbee logo
DMCA.com Protection Status

Hoosier Environmental Council, Inc. v. United States Army Corps of Engineers

105 F. Supp. 2d 953 (2000)

Case BriefRelatedOptions
From our private database of 35,800+ case briefs...

Hoosier Environmental Council, Inc. v. United States Army Corps of Engineers

United States District Court for the Southern District of Indiana

105 F. Supp. 2d 953 (2000)

Facts

The citizens of Harrison County, Indiana, voted for, and the general assembly approved, a riverboat-gambling casino in Harrison County. The Indiana Gaming Commission (IGC) was established by the general assembly to regulate the state’s riverboat-gambling industry and determine who will be granted a gambling license. The IGC would grant an applicant a Certificate of Stability (COS) if the IGC determined the application complied with Indiana gaming law and would provide a positive economic impact on Indiana. A COS was necessary to apply for a permit to develop its riverboat operation from the Army Corps of Engineers (the corps) (defendant). The IGC granted RDI/Caesars Riverboat Casino, LLC (Caesars) a COS. Caesars applied for a permit from the corps. The district engineer of the corps conducted a public-interest review to decide whether to issue the permit. The district engineer included economics in a list of factors that he found the Caesars’s project would not adversely impact. The district engineer also found that economic benefits would accrue from Caesars’s project. In 1998, the corps issued a permit to Caesars pursuant to § 404 of the Clean Water Act (CWA) authorizing the placement of fill material in the Ohio River to facilitate the development of a permanent mooring facility to service a riverboat casino. Hoosier Environmental Council, Inc. (Hoosier) (plaintiff) filed an action under the Administrative Procedure Act (APA) for review of the corps’ grant of the § 404 permit. Hoosier argued the public-interest review of the corps failed to consider the socio-economic costs of gambling. Hoosier asserted such costs included the impacts of compulsive gambling, alcohol consumption, crime, and other social issues. Hoosier also asserted the corps failed to meaningfully consider the economic impacts of the proposal. Hoosier and the corps both moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (McKinney, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 620,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 620,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership