Ripplin Shoals Land Co. v. United States Army Corps of Engineers

While I agree with the majority as to the Corps’ interpretation of its regulations *1045requiring it to evaluate all incoming applications for NWP eligibility, I respectfully dissent as this. case is not ripe for judicial review at this juncture. I also dissent because the Corps was within its authority to deny the NWP authorization and require an environmental impact statement (EIS), irrespective of the district court’s earlier decision in Arkansas Nature Alliance, Inc. v. United States Army Corps of Engineers, 266 F.Supp.2d 876 (E.D.Ark.), modified, 266 F.Supp.2d 895 (E.D.Ark.2003).

I. Ripeness

Bef…