Dardanelle, City of et al v. Department of Transportation et al

Filing 123

ORDER directing the Corps to produce the documents contained within this Order to further supplement its administrative record as soon as practicable and no later than 7/7/2017. 108 Motion, as supplemented by No. 122 , granted as modified. Signed by Judge D. P. Marshall Jr. on 6/8/2017. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CITY OF DARDANELLE and YELL COUNTY WILDLIFE FEDERATION, INC. v. PLAINTIFFS No. 4:14-cv-98-DPM DEPARTMENT OF TRANSPORTATION; FEDERAL HIGHWAY ADMINISTRATION; ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT; RIVER VALLEY REGIONAL INTERMODAL AUTHORITY; and DEPARTMENT OF DEFENSE, United States Army Corps of Engineers, Little Rock District DEFENDANTS ORDER The Court must review the complete administrative record that was before the FHWA and Corps when they made their decisions. Voyageurs National Park Association v. Norton, 381 F.3d 759, 766 (8th Cir. 2004). And the Corps' designation of its record is entitled to a presumption of regularity. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 415 (1971). The Court concludes, however, that the plaintiffs have shown the Corps considered information not in its lodged record, Ng 106, as supplemented, Ng 116. The plaintiffs have sufficiently identified a document that should have been included, and raised a strong and reasonable inference that other missing materials exist. Committee of 100 on the Federal City v. Foxx, 140 F. Supp. 3d 54, 60 (D.D.C. 2015). The Court directs the Corps to produce the following to further supplement its administrative record: • The "draft response" referenced in the 23 October 2014 email, COE0000476. • Any minutes, notes, or other records from the October 2014 Galveston meeting about the River Valley Intermodal Facility. • Any communications, memoranda, or other records regarding the Southwestern Division's concerns mentioned in paragraph 3 of the 29 October 2014 "Memorandum for Record," COE0000478. The Corps should produce this information as soon as practicable and no later than 7 July 2017. As soon as the record is completed, the Court will set the briefing schedule. Motion, Ng 108, as supplemented by Ng 122, granted as modified. So Ordered. fr. D .P. Marshall United States District Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?