5th Circ. Upholds EPA Veto Of $220M Miss. Flood Plan

Law360, New York (March 6, 2012, 10:38 PM EST) -- The Fifth Circuit on Tuesday affirmed a lower court's judgment that the U.S. Environmental Protection Agency was justified in deciding to pull the plug on a $220 million flood-control project on the Mississippi Delta because of its potential to destroy a wetland habitat.

A three-judge panel for the appeals court said the record fails to show that the Board of Mississippi Levee Commissioners had filed a satisfactory environmental impact statement with Congress, meaning that the project did not fall under a limited Clean Water Act exemption...
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