Bass Pro -- Take A Hike!!

[Trismegistus]

A federal judge on Wednesday ordered the U.S. Army Corps of Engineers to revoke the permit granted to the would-be developers of the Shoppes at North Hills, a shopping center anchored by Bass Pro Shops to be located in the wetlands of Dark Hollow in North Little Rock.

U.S. District Judge William R. Wilson granted a summary judgment motion by the plaintiffs, Guy Choate and Jeffrey Rickman, who challenged the Corps' approval of the site plan on the grounds that the permit violated the National Environmental Policy Act.

If you recall -- environmental groups sued in April 2005, arguing that the Corps should have required developers to complete an environmental impact statement before they were granted the permit. At that time a federal judge ruled that the environmental groups had no standing to file the suit. Glad there is at least one federal judge -- Judge William R. Wilson Jr. -- who is willing to stand up to developers and mayor Patrick Hayes.

[kayakrat]

Can you link to where it says the Corp is required to have an Environmental Impact study prior to construction??

It is my understanding they don't. So therefore the Judge was wrong.

[Trismegistus]

Check out: GUY CHOATE and JEFFREY RICKMAN vs. UNITED STATES ARMY CORPS OF ENGINEERS

The judge ruled "The Corps failed to make “a convincing case that the impact [were] insignificant” or that “the changes in the project sufficiently reduced . . . to a minimum” any significant impacts.129 Moreover, the Corps improperly segmented the transportation improvements from the Shoppes. Accordingly, the Corps’s decision to proceed on an EA rather than an EIS was arbitrary and capricious.

Since the Corps’s decision to proceed with an EA rather than an EIS violated NEPA, Plaintiffs’ Cross-Motion for Summary Judgment (Doc. No. 22) is GRANTED. Accordingly, the Corps is directed to revoke Permit No. 18133. Defendants are enjoined from proceeding with the clearing or construction of the Shoppes at North Hills until the Corps prepares an EIS that complies with NEPA.

Those familiar with the proposed project to develop the Dark Hollow Basin have a pretty fair grasp and understanding of the motivation of the developers all along: avoid compliance and bypass the law. So obvious is the environmental impact and so numerous the alternatives to developing these wetlands the EA was used by the Corps simply so the project would "fly under to the radar." And they got caught!

THANKS: When the original case filed by Richard H. Mays was dismissed on May 9, 2006, after a federal judge found that the plaintiffs, the Arkansas Nature Alliance and the Arkansas Audobon Society, didn’t have legal standing to pursue the case because its members didn’t show that they had personal connections to the site, Mays filed a new suit on behalf of different plaintiffs, two North Little Rock residents Guy Choate and Jeff Rickman who live in the vicinity of the project and will be affected in a variety of ways by the development.

[Charlie Ford]

Kayakrat, I am a fisheries and wildlife major at Arkansas Tech. I know a few people that work for the corp or have worked for them. from the best of my knowledge anything that they do must have an environmental impact survey performed before they move forward with the project. I think that most of the state and federal agencies are this way.

[JTarver]

Charlie is right on the money. I too am a Fisheries/Wildlife Major, but at UALR. Impact studies are a huge part of the process. They can make or break the deals. However, sometimes the good ol boys system wins out either way. Such is the course of it I suppose.

I for one am glad the judge stood up to them. He gets my vote for re-election.

Joe

[turboturtle]

I know who signed off for the permit from the COE. He retired a year plus ago. I think he made the wrong decision when he approved the permit. but as usual this is but a personal opinion.
I do know for a fact that this man is as anal about doing his job within the letter of the law as anyone I know. The decision was made with the information given him to base his judgement. These people working for the Corps of Engineers are upstanding citizens in our community. They have more guidelines to follow than any other department in the military, and are held accountable for any and all decisions they make for their department.
It is my understanding that at the time the permit was granted, their was no reason for the COE to deny the permit. Traffic was not of particular concern for the permiting process.
Again, my personal opinion and just my two-cents worth. I am happy to hear the permit was defeated in court. I can't wait to inform him of this decision. This definatly made my day! T.T.

[Trismegistus]

" These people working for the Corps of Engineers are upstanding citizens in our community. They have more guidelines to follow than any other department in the military, and are held accountable for any and all decisions they make for their department.

Thanks. And my apologies for any implication otherwise. Whether it be the COE, ADEQ, USFS, AGFC or any other governmental regulatory agency -- you'll generally find them staffed by dedicated employees doing the best they can under the conditions so imposed upon them. My thanks to them all!