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The Center for Biological Diversity, Health Gulf, Louisiana Bucket Brigade, and Rise St. James (collectively “CBD”) filed a January 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the issuance of certain federal permits and authorizations for the FG LA LLC Plastics facility (“Plastics Facility”).

The Complaint describes the Plastics Facility as a proposed petrochemical complex that would be constructed in St. Parish, Louisiana.

The proposed Plastics Facility would use fracked gas to produce plastic chemicals and resins.

The Corps involvement with the Plastics Facility is the issuance of a Clean Water Act Section 404 permit. permit authorizes the dredge and fill activities needed to construct the Plastics Facility. In addition, the Corps is stated to have issued certain required authorizations under Section 10 of the Rivers and Harbors Act.

The Complaint alleges the violation of environmental statutes in the issuance of the permits and authorizations which are stated to include:

• National Environmental Policy Act (i.e., finding that the project would have no significant environmental effect)
• Clean Water Act and Rivers and Harbors Act (finding the project to be in the public interest)
• National Historic Preservation Act (failure to conduct an adequate historic properties consultation and determination)

The Complaint seeks a declaration that the Corps violated the previously referenced statutes when it issued the permits and authorizations for the Plastics Facility and an Order vacating those decisions.

A copy of the Complaint can be downloaded here.