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)

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

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