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Army Corps Must Evaluate Mississippi Spillway’s Species Impacts

Nov. 23, 2022, 6:28 PM

The US Army Corps of Engineers acted arbitrarily and capriciously when it used emergency consultations to evaluate whether a Mississippi spillway opening harms endangered species.

The agency must begin a full consultation of the spillway’s effects, Judge Louis Guirola Jr. wrote Tuesday for the US District Court for the Southern District of Mississippi.

“Spillway openings are expected, and the Corps is capable of, and has in fact planned for, these openings to occur,” he said, remanding the issue back to the Corps.

Defenders of Wildlife and Healthy Gulf challenged the Corps’ use of the Endangered Species Act’s emergency consultation process ...