[7] Niners Tell Corps To Keep On Dredgin'

A three-judge panel of the 9th Circuit Court has voted 2-1 to uphold a district court opinion that said the Corps of Engineers had indeed taken a "hard look" at the factors involved in deepening the Columbia River shipping channel in its EIS, and the operation which began in 2005 may continue. The Corp's project to deepen the channel three feet to allow the transit of ever-larger container ships to Portland was challenged by Northwest Environmental Advocates.

The August 23 majority opinion said the National Environmental Policy Act doesn't require an agency "take the most exhaustive environmental analysis theoretically possible, but that it take a "hard look" at relevant factors. The Niners' ruling noted that the Corps even took the additional step by altering plans to minimize sediment loss.

"Once again, the courts have agreed with our arguments," said Laura Hicks, project manager for the Corps, in a press release. "We have nearly two decades worth of work--evaluating this project and ensuring that it complies with all applicable laws--to stand behind."

The lone dissent came from judge Betty Fletcher, who said her fellow judges took an "ostrich's head-in-the-sand approach to reviewing the agency's analysis," and settled for the Corps' explanation without reviewing its decision making. -B. R.

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