Corps Was "Arbitrary And Capricious" In Granting Bayou Bridge Pipeline Permit: Federal Judge

The Army Corps of Engineers was "arbitrary and capricious" in some of its decisions granting construction permits for the controversial Bayou Bridge Pipeline, a federal judge indicating in a ruling halting the pipeline's construction until the issue can be heard in court.

In a written opinion issued late Tuesday (Feb. 27), U.S. District Judge Shelly Dick charged that the Army Corps of Engineers was "arbitrary and capricious" in concluding that a more detailed analysis was not needed before determining that the project's environmental effects could be legally offset by the company buying credits equivalent to more than 2,000 acres of damaged wetlands at mitigation banks located in different ecological areas miles from the pipeline route.

She also agreed with environmental groups that construction of the pipeline posed a threat of irreparable harm to both ancient trees within the Atchafalaya basin and to its hydrology, the flow of water through the basin...


Federal Judge: Work On Bayou Bridge Pipeline Stopped In Atchafalaya Basin, Can Continue Elsewhere

A federal court order temporarily blocking construction of the Bayou Bridge pipeline is limited to the Atchafalaya Basin, and work can continue elsewhere along the length of the 163-mile crude oil line, a judge ordered this week.

U.S. District Judge Shelly Dick clarified her Friday order stopping work with a 60-page ruling released Tuesday night, finding that environmental groups made enough of a case so far to suggest the pipeline poses permanent and irreparable risks to the basin's hydrology and environment, including to 1,000-year-old cypress in the path of the line.

"The Court finds the temporary delay in reaping economic benefits does not outweigh the permanent harm to the environment that has been established as a result of the pipeline construction," Dick wrote...

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Drone Footage Of The Bayou Bridge Pipeline Right Of Way

Drone footage taken on February 27th shows the route where pipeline construction began and was halted on the West side of the Atchafalaya Basin. 

The Atchafalaya Basinkeeper's Dean Wilson monitored the pipeline route after the injunction was granted to suspend construction and reported back that all equipment was being removed in the Basin. 

Wilson reported that there was, "no connection to a direct sediment source found, but this could change depending how high the water comes in." 

He also acknowledged that on the east of the Atchafalaya Basin, there were legacy trees that were gone, but that most were still standing. 

"There was no trench dug on the East of the Basin at the time of monitoring, which is important to note given that the right-of-way is directly connected to two major direct sediment sources," says the Basinkeeper. 

"If it wasn’t for the judges ruling on the injunction, the consequences would have been catastrophic for the wetlands" 

ABK will continue to monitor the right of way and report on any violations that occur in contempt of the court ruling.

For now, this fragile part of the Basin is protected, but the fight is still to come in preserving the remainder of this natural treasure.

Groups Await Ruling On Pipeline Construction Halt Through World's Largest And Most Productive Wetlands


(Photo Credit: NBC News)

Atchafalaya Baisnkeeper, Gulf Restoration Network, Waterkeeper Alliance, and Sierra Club are suing the Army Corps of engineers for granting permits that will further degrade and cause irreparable harm tot he Atchafalaya Basin. 

In a recent article by KFLY's Channel 10 News, Jody Meche, president of the Louisiana Crawfish Producers Association-West, said the project will compound flood risks and other pipeline-related problems that have been mounting for years.

“We’re losing our basin,” Meche said.

Scott Eustis, community science director for the Gulf Restoration Network, said the basin is “the crown jewel of wetlands.”

“There is absolutely no place in creation like the Atchafalaya Basin,” he said.

The Basin is the largest and most productive wetlands in the world, rich in wild caught seafood, and over 300 species of migratory birds. It's also a major flood protection, absorbing flood waters from the Mississippi River and protecting millions along its path. 

Located in south Louisiana, the Basin is riddled with oil and gas pipelines that cause spoil banks or man-made levees that are already out of compliance which the Corps refuses to enforce, creating mounds of unaturally high silting that trap more sediment designated for Louisiana's disappearing coast.

"It's not just this pipeline," says Dean Wilson, ABK's Executive Director. "The problems will continue in the Basin unless the issue of environmental enforcement is resolved." 

The plaintiffs are suing the Corps on the grounds that the permits granted to construct the Bayou Bridge Pipeline, a project that finalizes the route of explosive crude oil from North Dakota to south LA refineries for export, were given illegally and prematurely without an Environmental Impact Statement which is required when irreparable harm could potentially be an outcome.

Energy Transfer Partners owned and operated, the pipeline is extremely controversial as the company has already leaked millions of gallons into wetlands across the US. Construction is currently halted on Mariner East 2 pipeline in Pennsylvania due to violations by the company and Rover pipeline which spilled over 150,000 gallons into Ohio wetlands in January.

Bayou Bridge Pipeline crosses over 700 bodies of water and lies in an already out of compliance corridor, according Atchafalaya Basinkeeper, a plaintiff in the case challenging the basis of the permit.

On February 8th, the groups presented testimony to a federal judge in regards to the preliminary injunction which pleads for construction to be stopped until the case has been settled.

In determining whether the Corps was capricious, Judge Dick has yet to rule on the grounds of the pending case. In court, she agreed with the plaintiffs, that irreparable harm had already been caused, but the groups await a ruling on whether or not construction must be stopped in order to prevent further irreparable harm including the demolition of the state's legacy cypress trees which stood prior to the Louisiana purchase alongside the danger of dredging in high water season which has the effect of backfilling swamps and brings more sediment into areas that are already unnaturally high.

During the hearing, attorneys for Bayou Bridge claimed the company would spend $20 million to mitigate the area of damage - their plans consists of regenerating hardwood forests nearly 50 miles outside of the construciton zone, where the company can reap carbon credits. 

"The state of Louisiana should not reward polluters with more incentives and tax credits to further degrade the swamp," says Wilson. "If anything, we should be making them pay for the damages caused and prevent the destruction of the wetlands alltogether by enforcing environmental laws."

Share if you think the Corps should enforce environmental laws in the Atchafalaya Basin and the world’s largest wetland to combat Louisiana's sinking coast and protect against major Mississippi River flooding.

Live footage: 

https://www.facebook.com/LeauEstLaVie/videos/420293901735175/

https://www.facebook.com/healthygulf/videos/10155071447137204/