National Wildlife Federation v. Harvey

The United States Army Corps of Engineers (the corps) (defendant, through Francis Harvey, acting secretary of the Department of the Army) embarked on the Grand Prairie Project (the project) authorized by Congress to relieve the depletion of two aquifers by constructing a waterworks to pump water from the White River for delivery via canals, pipelines, and streams to agricultural areas. The project would be built in an environmentally sensitive area that included a national wildlife refuge and the largest bottomland ecosystem among the Mississippi River’s tributaries. Before starting the project, the corps completed an environmental-impact statement (EIS) as required by the National Environmental Policy Act of 1969 (NEPA). Satisfied that the project was appropriate after consideration of the EIS, the corps started construction, only to stop when the Florida Wildlife Service (FWS) announced the discovery of the ivory-billed woodpecker, an endangered species, in the area. After further investigation and analysis, the corps prepared a supplemental EIS concluding that the project could continue without further endangering the woodpecker species. The FWS concurred, subject to some modification and ongoing monitoring, which the corps adopted. The National Wildlife Federation (NWF) (plaintiff) challenged the decision in the United States District Court for the Eastern District of Arkansas, asserting that the corps failed to follow the requirements of NEPA and the Administrative Procedure Act (APA) and acted in an arbitrary and capricious matter in approving and proceeding with the project. NWF asked the court to enjoin the project as a result.