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Administrative and Environmental Law Seminar
Richards - Spring 2013

Class Posts

The CPRA case for diversions

Posted on April 26, 2013, 2:16 pm, by richards and received 

The Use of Mississippi River Sediment for Restoration Projects in Louisiana - Russ J. Joffrion, PE, Engineer Manager, Coastal Protection and Restoration Authority Engineering Division

Posted on April 23, 2013, 2:31 pm, by leonardpenzo and received 

Legal section project: Admin. & Env. Lit. Guide

The coastal restoration apologists weigh in

Posted on April 18, 2013, 8:45 am, by richards and received 

New diversion story

Posted on April 16, 2013, 8:44 pm, by richards and received 

More water through Davis Pond

Posted on April 15, 2013, 11:47 am, by richards and received 

The Lens story on diversions

Posted on April 10, 2013, 8:47 pm, by richards and received 

Final project requirements

Posted on April 9, 2013, 12:35 pm, by richards and received 

Check back – we will revise this as questions come up.

Each project should have a table of authorities, i.e., a list of the statutes, regs, and cases that you rely on. You do not need to list each page the material is used on, but if you use Word’s table of authorities feature, you can automate this.

Each project should have a table of contents. Again, if you use Word headings, you can do this automatically.

I want to see a draft from each group before exams start, so that I can review and comment in plenty of time for you do to revisions and additional drafts if necessary. I will review drafts as soon as you are ready to submit them.

Each project should have an explanatory memo, unless the project itself is in memo/report form.

The BS version of the coastal restoration story

Posted on April 8, 2013, 10:22 pm, by richards and received 

The BS version of the coastal restoration story

The main site – this is the site run by the co-opted NGOs.

Interesting Article with Report that may be helpful

Posted on April 8, 2013, 2:04 pm, by Kellyn Elmer and received 

Captain Ricks Information

Posted on April 4, 2013, 1:51 pm, by Kellyn Elmer and received 

I contacted Captain Ricks regarding information on scientific studies about toxic substances being released from the diversions. Here is our correspondence and his response:

 

Kellyn Elmer <kellynelmer@gmail.com>
Apr 2 (2 days ago)
to george15fish, Jennifer
Dear Captain Ricks,My name is Kellyn Elmer, and I am a student at the LSU law center. Sean McCallister gave my class your information stating that you were very helpful with the project that we are doing regarding the diversion projects.

My question for you is if you have any scientific data regarding the types of toxic chemicals that are released from the diversions into the marsh lands?

Thank you for your help!

Sincerely,
Kellyn Elmer

George15fish@aol.com
Apr 3 (1 day ago)
to me
Dear Kellyn,
    I read somewhere about Hydrogen Sulphide and Benzyne, but I have to look up where I saw It. I will try to find it and let you guys know. I can’t tell you how much I appreciate you all getting involved. I’ll be in touch.
Capt. George Ricks
GET-AWAY CHARTERS
George15fish@aol.com
Apr 3 (1 day ago)
to me
Dear Kellyn,
    Here’s a link to a study released in 2012. It may help. I’m still looking for more, but this may help a little. It seems one of the biggest pollutants in the river are Nitrates, “fertilizers” and some pesticides used in the farming upstream. I’m still digging. Thanks,
Capt. George Ricks
George15fish@aol.com
Apr 3 (1 day ago)
to me
Kellyn,
    Here’s a link to where I got a lot of information. It was a study done with the help of some of your biology colleagues at LSU. It seems Ammonium is a chemical found . How hazardous it is I don’t know. This study shouls help. Please keep me posted of your progress, and I’ll help anyway I can.
Capt. George Ricks

ESA Update

Posted on April 2, 2013, 1:32 pm, by smcallister and received 

We contacted Captain George Ricks, who runs Getaway Charters and has an interesting blog that may help us in our attack on the diversion (Link to blog –http://www.rodnreel.com/getaway/index.asp?pg=fishing_reports).  He was very receptive to our questions and he said that he would like to work in conjunction with us regarding our project.

His e-mail response:

“Dear Mr. McCallister,

    It is not only the Caernarvon Diversion that we are  concerned about, but the Monster 250,000 CFS scheduled near Caernarvon. Attached  is the letter I was telling you about, as well as Executive Order 12898 of the  National Environmental Policy Act.
    Most of the native commercial fishermen are Los  Isleanos, which are a minority, and also there is some Houma Indians, which are  Native Americans.
    Please, also please look into the Magnus-Stevenson  Act.
Thanks for your help, please let me know what you come up with.
Capt. George Ricks”
He attached a letter written by the Dept of Interior to Col. Alvin B. Lee, district engineer at the US Army Corp or Engineers.  The letter contains information on a number of endangered species that we assume will be affected by the diversion in the future, including the piping plover, the gulf sturgeon, the pallid sturgeon, and the West Indian manatee.  The letter also acknowledges that the “estuarine wetlands and associated shallow waters within the project area have been identified as Essential Fish Habitat (EFH).”  I’m sure we can find damages to this habitat as a direct result of the diversion if we look into it.  I’m going to have to e-mail Professor Richards these attachments so he can post them to this blog because I do not know how.

Petition Example

Posted on April 2, 2013, 1:25 pm, by gfreem1 and received 

Attached is an example of what a petition in this court should look like.  Mine concerns compelling an SEIS of the effects of runoff pollution in the river water on the marsh flora, but you could easily substitute in your law for the clean waters act or the ESA.  The important thing is getting the form right.

 

PETITION

Caernarvon Diversion moving fish and killing marsh, anglers say

Posted on April 1, 2013, 7:21 pm, by econne1 and received 

Saw this Nola.com article as I was googling for information today. Thought it was interesting and shows that more people are paying attention to the diversion issue. Possible plaintiffs?

http://www.nola.com/outdoors/index.ssf/2013/03/caernarvon_diversion_moving_fi.html

FOIA Response from New Orleans USACE

Posted on April 1, 2013, 3:29 pm, by richards and received 

(Posted for Paige)

I spoke with a really nice person, Frederick Wallace, at the NO Corps office. He also stated that the Corps does not need to have a permit for its federal projects, but it does need to do all the preliminary stuff, such as the EIS. This is because the army corps is the permitting agency. He said that the other diversion, Davis Pond, has a permit bc it might have switched to state control. If the state is overseeing these diversions, it needs a permit.

He was very receptive to our issues, and I think he would be a great resource to get more info from. I am going to try to contact him today or tomorrow, does anyone have any questions or concerns for him? He said that he is getting more FOIA request regarding these wetland projects since the BP oil spill, now that there are more people doing testing in these areas.

Please email me if you want me to ask anything specific. My Internet at my house is down, otherwise I would be using the blog.

Endangered Species Research Group

Posted on March 31, 2013, 9:32 pm, by richards and received 

1) Any luck in finding an endanged species that would be effected by our diversion?

2) How about by any of the proposed diversions?

3) It is time to expand beyond just endangered species to include any legally protected wildlife that could support our efforts to close or prevent diversions.

What about the fish habitat that you mentioned in class – what are the legal implications of such as habitat?

What about effects on oysters and shrimp?

Who would have standing to bring these claims?

What are all  the legal theories you can use?

4) What is the long term prospects for endangered species?

Are there any in any of the wetlands in eastern LA?

What would be impact of destroying most of the wetlands, as will happen if the levees are built all along the coast?

The legal research group will work on finding model legal documents on your issues as you develop them. Your primary job will be to match up the law with the science from the articles and the facts that you collect from the Corps documents and other research. This will take the form of a supporting brief for the legal actions that might be appropriate, including challenges to sections of the EIS, necessary permits, etc.

 

CWA/CERCLA Research Group

Posted on March 31, 2013, 9:32 pm, by richards and received 

CWA

1) It looks like the Corps can do its own projects without a 404 permit, as long as they effectively do what the permit requires. What about 402 permit requirements? This is a Clean Water Act permit, and the EPA is the granting agency:

Clean Water Act, Section 402: National Pollutant Discharge Elimination System

This was built a long time before the Unitary Waters Rule – what was the law at the time it was built? Should there have been a permit when the project was built? Is this something that the permit group should be looking for?

2) What about operating the diversion until the Unitary Waters Rule was promulgated? Should that have been permitted?

3) What is your argument for why transferring water to a wetland would not be covered by the Unitary Waters Rule, even if it is left in place?

Interesting post about challenges to the Unitary Waters Rule – as I expected, the 11th does not bind other circuits and there are challanges going on:

http://watchlist.vermontlaw.edu/epa%E2%80%99s-water-transfer-exemption-remains-in-force/

CERCLA

1) What is your CERCLA theory?

2) What is scientific evidence that backs it up?

3) How does CERCLA work for a waterborne pollutant, i.e., is there a permit process?

4) Who has standing to raise a CERCLA issue?

5) Who would be potentially responsible parties (PRPs)?

Both

The legal research group will work on finding model legal documents on your issues as you develop them. Your primary job will be to match up the law with the science from the articles and the facts that you collect from the Corps documents and other research. This will take the form of a supporting brief for the legal actions that might be appropriate, including challenges to sections of the EIS, necessary permits, etc.

 

 

Legal Actions Research Group

Posted on March 31, 2013, 9:32 pm, by richards and received 

1) One resource you can develop will be complaints and other documents from real cases. You can be guided by the issues raised by the other groups.

You can get these as PDFs from Westlaw. I do not know if we can republish them without violating the terms of our Westlaw agreement, but I am checking with the library on that. We can certainly build up an archive that we can use within the law school if posting them is a problem, and we may have an alternative way to get them if Westlaw is a problem.

You can then pull out key boilerplate, such as jurisdictional language, statutory or regulatory language, etc. that can be used to build documents.

These document atoms (boilerplate paragraphs) should be cleaned up and properly referenced if necessary, and then labeled and described so that we can create an electronic file of them. You can certainly use language from filings on Westlaw, even if we cannot republish the entire document.

This is the instruction I have given the other groups:

The legal research group will work on finding model legal documents on your issues as you develop them. Your primary job will be to match up the law with the science from the articles and the facts that you collect from the Corps documents and other research. This will take the form of a supporting brief for the legal actions that might be appropriate, including challenges to sections of the EIS, necessary permits, etc.

You can then build model complaints and injunction petitions for some of the issues raised by the other research groups.

Permit Research Group

Posted on March 31, 2013, 9:31 pm, by richards and received 

At this point, your team looks like it will be the 404 expert team.

A couple of experts have said that Corps does not have to permit its own projects under 404, but must still follow the requirements, i.e., the EIS and the like:

CWA_Section404b1_Guidelines_40CFR230_July2010

This raises several questions:

1) What is the authority for allowing the Corps to do 404 projects without a specific permit?

2) Are the current diversions Corps projects, or is it someone else’s project that the Corps is building? Does this matter?

A view from our Tuesday guest:

HOWEVER, as I recall, the La DNR was the “proponent” or “applicant” of Caenarvon.  In fact, even if it were a joint CWPPRA-type project, CWPPRA is only a funding and allocation mechanism.  Approved CWPPRA projects go through the same public notice and permitting system as anyone else.

3) Have they met the standards in lieu of  a permit?

4) What should alternatives look like? You might want to look at the fast track EIS for the post-Katrina levee work:

http://sites.law.lsu.edu/coast/2013/03/environmental-report-for-the-inner-harbor-levee-improvements/

Since no one challenged this, we do not really know if it is sufficient.

5) The legal research group will work on finding model legal documents on your issues as you develop them. Your primary job will be to match up the law with the science from the articles and the facts that you collect from the Corps documents and other research. This will take the form of a supporting brief for the legal actions that might be appropriate, including challenges to sections of the EIS, necessary permits, etc.

 

Class on Tuesday 2 April

Posted on March 30, 2013, 5:40 pm, by richards and received 

We will have a visiting wetlands law expert, Kelly Haggar. We will brainstorm with him on the projects and his experience with the  Corps.

I am working on a separate post on structuring the individual group projects in anticipation of our presentations and end of the course. That should be posted by Sunday night.

Important new Corps documents

Posted on March 29, 2013, 8:39 am, by richards and received 

http://www.nolaenvironmental.gov/CED.aspx

These may contain important info about how the Corps is currently viewing environmental impact.

 

Comprehensive environmental study of post-Katrina levees

Posted on March 29, 2013, 8:29 am, by richards and received 

NOLA/Times-Picayune Article

Posted on March 26, 2013, 2:42 pm, by justinbello and received 

Here is the link for an article that discusses the various sportsmen’s groups who want the Caernarvon Diversion closed.

 

http://www.nola.com/outdoors/index.ssf/2013/03/caernarvon_diversion_moving_fi.html

CWA and CERCLA cases

Posted on March 26, 2013, 1:51 pm, by richards and received 

Quarles v. U.S. ex rel. Bureau of Indian Affairs, Not Reported in F.Supp.2d (2006)

City of Waco v. Schouten, 385 F.Supp.2d 595 (2005)

Reynolds v. Rick's Mushroom Service, Inc., 246 F.Supp.2d 449 (2003)

City of Waco v. Schouten, 385 F.Supp.2d 595 (2005)

Memo re: CWA and navigable waterways

Posted on March 26, 2013, 12:08 pm, by econne1 and received 

I have attached below my memo on the CWA and navigable waterways. Although the jurisprudence is very complicated by a USSC plurality opinion, everything points to Caernarvon being navigable under the CWA (the result that we want). Pretty sure that even the Fifth Circuit is in agreement with everyone else on this issue.

- Eva

CWA Memo on navigable waters

Endangered species case – 493 F.Supp.2d 805

Posted on March 22, 2013, 10:01 am, by richards and received 

A local endangered species case with documents on westlaw: Schoeffler v. Kempthorne, 493 F.Supp.2d 805 (2007)

Sample cases

Posted on March 20, 2013, 12:54 pm, by richards and received 

EIS:

O'Reilly v. U.S. Army Corps of Engineers, 477 F.3d 225 (5th Cir. 2007)

Subsidence in coastal Louisiana: causes, rates, and effects on wetlands – 1983

Posted on March 20, 2013, 9:14 am, by richards and received 

CWA outline of argument

Posted on March 19, 2013, 1:38 pm, by paigegallaspy and received 

CWA argument summary

 

Thanks!

Paige and Eva

Compelling SEIS memo

Posted on March 19, 2013, 12:56 pm, by econne1 and received 

This is a VERY limited and early outline of the law that we would rely on to compel the Corps to conduct an SEIS concerning the effects of nutrient-rich river water being diverted into the Breton Sound.  The challenge will rely upon authority from the APA, CEQ regs, and precedent from the 5th Circuit and SCOTUS.  There are a TON of other good statements of law from other circuits as well, but I haven’t yet figured out if or where I should use them as persuasive authority.  I will be going through the science that Prof. Richards posted to the blog soon to incorporate their arguments into this document.

-Grant Freeman

 

SEMINAR MEMO

CERLCA LIABILITY, Jennifer and Kellyn

Posted on March 18, 2013, 9:07 pm, by jennifermaybery and received 

CERCLA LIABILITY

E-Mail from David Walther, Supervisory Biologist at FWS; Re: ESA

Posted on March 18, 2013, 2:12 pm, by smcallister and received 

Sean,
The Caernarvon Diversion, which discharges into the Breton Basin, influences salinities within this basin south of the Bayou La Loutre ridge out to the coastal open waters.  Its influence is not distributed equally across the basin because of various factors with the geography of the landscape (e.g., bayous, canals, spoil banks, etc.), amount of water diverted, and weather conditions probably being the greatest influences.�
There is one known active bald eagle nest just north of the influence area and two nests located on the western side of the influence area.  All nests are believed to have been constructed in the early 2000′s and have produced young; the greatest factor probably impacting these nests are tropical storm events.  Please realize that since 2007 the bald eagle is no longer an endangered or threatened species (was listed when some of the nests were initially built but is no longer listed).
Other than a 1991 report of a West Indian manatee that was temporarily in the influence area we have no other records of any threatened or endangered species found in the influence area.  Also, there is no designated critical habitat for any species in the influence area.

The endangered pallid sturgeon is found in the Mississippi River, however, based on sampling done in the river that portion of the river south of New Orleans appears to have very few of these fish; less suitable habitat within this portion of the river is believed to be the primary reason for the very low number of sturgeon.  There is an ongoing study that will hopefully provide additional information, however to this date most of the data gathered seems to confirm the above information.
If you have any more questions please feel free to contact me.

The effects of diversions on wetlands

Posted on March 17, 2013, 9:59 pm, by richards and received 

I emailed some of these to you already. Do not post these to open WWW sites, some of the journals do not allow general distribution.

R. Eugene Turner, Doubt and the Values of an Ignorance-Based World View for Restoration: Coastal Louisiana Wetlands. Estuaries and Coasts (2009) 32:1054–1068.

Christopher M. Swarzenski, Thomas W. Doyle, Brian Fry, and Thomas G. Hargis. Biogeochemical response of organic-rich freshwater marshes in the Louisiana delta plain to chronic river water influx. Biogeochemistry (2008) 90:49–63.

Michael S. Kearney, J. C. Riter & R. Eugene Turner, Freshwater river diversions for marsh restoration in Louisiana: Twenty-six years of changing vegetative cover and marsh area, 38 Geophysical Research Letters (2011)

Tweel, Andrew W, and R Eugene Turner. “Watershed Land Use and River Engineering Drive Wetland Formation and Loss in the Mississippi River Birdfoot Delta.” Limnol. Oceanogr 57, no. 1 (2012): 18–28.

Turner, R Eugene. “Beneath the Salt Marsh Canopy: Loss of Soil Strength with Increasing Nutrient Loads.” Estuaries and Coasts 34, no. 5 (2011): 1084–93.

RE Turner, On the cusp of restoration: science and society, Restoration ecology (2005)

Christopher M. Swarzenski, Surface-Water Hydrology of the Gulf Intracoastal Waterway in South-Central Louisiana, 1996-1999, U.S. Geological Survey Professional Paper 1672.

 

 

New ESA case from Texas

Posted on March 14, 2013, 6:54 am, by richards and received 

Response from FOIA request

Posted on March 12, 2013, 2:22 pm, by paigegallaspy and received 

The effect of the loss of wetlands on endangered species

Posted on March 12, 2013, 12:36 pm, by smcallister and received 

Katelin and I’s primary issue concerns the possibility of endangered species in the wetlands and the negative effects the diversion has or may have on their habitat.

If there are endangered species in the wetlands:

  1. Has the diversion adversely affected the species in the past and the present?
  2. Will the species continue to be negatively affected in the future as the wetlands continue to disappear?

While our independent research has so far been inconclusive in answering those questions, we have reached out to members of our community for help.  First, we contacted Dr. Sammy King, a coastal research professor at LSU.  While he informed us that he did not have the answers to our specific inquiries regarding the Caernarvon Diversion, he did refer us to two people who may be able to help: Ms. Megan LaPeyre, who has personally conducted research at Caernarvon, and Ms. Debbie Fuller, who is with the USFWS Ecological Services Office.  We have made attempts to contact them and are awaiting their responses.

Here is some additional info from the research librarians.

Posted on March 8, 2013, 1:40 pm, by jennifermaybery and received 

Hi, Jennifer.
I’m the one who actually contacted the Corps of Engineers regarding these permits. This project was a group effort! I’d be happy to meet with you talk about it in detail, however, I could easily sum up my efforts here. I first contacted the Army Corps of Engineers District Office in New Orleans in efforts to retrieve copies of the permits for these diversion projects. I started by contacting with the Corps of Engineers New Orleans District Library and the librarian transferred me to the permit division. After speaking with the permit division representative who answered my call, he told me that I’d need to speak with Richard Boe (504-862-1505, Richard.E.Boe@usace.army.mil), also in the permits division, and then he transferred my call. After leaving a voicemail message, Mr. Boe returned my call and I explained what I was looking for. He sent me the Feasibility Study from Caernarvon project, but told me that the permits for Caernarvon and Davis Pond were essentially lost because no one in that office knew where to locate copies of them. I probed a little further asking “so you guys don’t have any copies of these permits anywhere?” his reply was “no, we can’t find them,” but as I mentioned he offered to send the Feasibility Study and I said of course we’d take any documents that he had available. That’s how I managed to get the Feasibility Study.

In efforts to try another avenue, I also corresponded with the Vicksburg District Corps Office:

David Lofton
Chief, Permit Section
Regulatory Branch
Vicksburg District
(601) 631-5147

After I described the projects and the permits I needed, Mr. Lofton informed me that he didn’t know of these projects and asked could I send him a map depicting them. I sent a description of the location of the projects that I found on a Corps document and he then stated that because these diversion projects, Caenarvon and Davis Pond, were located near Plaquemines Parish they are under the territory New Orleans District Corps Office and to contact them. I explained to him once again, as I had originally done, that the New Orleans District Office could not locate copies of the permits and that is why I contacted Vicksburg to see if they had copies given that the diversions were at least partially federally funded. He wrote back once again to contact New Orleans and never returned my voicemail messages.

If you need further information, please let me know and as I mentioned, I’m happy to meet with you if you would like.

Best,
Lisa

Lisa A. Goodman, JD, MLIS
Associate Director for Public Services
LSU Paul M. Hebert Law Center Library
1 East Campus Drive
Baton Rouge, LA 70803
(225) 578-4952

FOIA request sent on 3/8/13

Posted on March 8, 2013,

Hi all,

We just sent in a FOIA request, I wasn’t sure if anyone had done that yet. I will post the response when it comes in. Thanks!

Paige, Kellyn and Jennifer

Endangered species resource person

Posted on March 7, 2013, 12:38 pm, by richards and received 

Sammy King –  http://www.rnr.lsu.edu/people/king/default.htm

Endangered species folks – get in touch with him and see if knows of any in the wetlands.

 

Blog update notices

Posted on March 6, 2013, 9:05 am, by richards and received 

I have changed the class blog settings to send an email notification for posts to the blog.

Tim Osborne Recording

Posted on March 6, 2013, 8:59 am, by richards and received 

http://ccweb.law.lsu.edu/Panopto/Pages/Sessions/List.aspx?folderID=39edaaf2-f5f6-48da-b957-753f1bd62bdf

This is a recording of the class on March 5. Let me know if you have trouble viewing it. Please view this if you were not in class.

Class Materials 5 March

Posted on March 5, 2013, 9:12 am, by richards and received 

National Historic Register Sites Research

Posted on February 26, 2013, 10:50 am, by econne1 and received 

Kiahhn and I are the cultural sites group. I took National Historic Register Sites in the area, and hers on archaeological sites should follow shortly. I am attaching a document with the information that I found, but the general idea that appears to be that although there is a statute that states that when Historical Register sites are involved the Advisory Council on Historical Preservation should be involved in the decision making, not a single case has offered any remedy for a violation.

National Historic Register Sites

 

 

Summary of Archaeological Effects

Posted on February 26, 2013, 10:49 am, by kackson and received 

Below is a document summarizing the effects that the diversion plans were predicted to have on the nearby archaeological sites. As predicted, no good news to be found.

Archaeological Effects

- K. Jackson

Full index of September 1984 Caernarvon Diversion Study and documentation

Posted on February 25, 2013, 5:01 pm, by econne1 and received 

Tabulated index of all documents and locations.

-Grant Freeman

FULL index for September 1984 Caernarvon Diversion Report (#3)

Strategy for attacking existing and proposed diversion projects (updated w/ new info)

Posted on February 25, 2013, 4:59 pm, by econne1 and received 

This is a memo about attacking existing EIS and forcing SEIS (supplemental EIS).  It goes over some basics on the standard of review and what the process is for showing that a project should be enjoined.  Essentially, the idea is to prove that the Corps and the State have made significant uninformed decisions, not unwise decisions.

-Grant Freeman

 

Attacking EIS (2)

Heavy Metals

Posted on February 25, 2013, 4:02 pm, by jennifermaybery and received 

Kellyn and Jennifer are looking for laws under which we can identify problems with the diversion.

We are looking at CERCLA, a statute for the regulation of particular kinds of hazardous wastes, including lead.  If there is no permit, then the diversion could be said to dump unauthorized hazardous waste into the wetlands.

In our materials, in the “fisheries” section, there is a reference to heavy metals being harmful to the fisheries, along with pesticides and nutrients.

The passage points to more extensive info about these pollutants in Appendix H for water quality.

Which of the documents we’ve reviewed contains appendix H?  We want to get a look at what some of these pollutants are.  If it’s not in our documents already, we’ll have to find it another way.

Thanks, everyone.

J&K

The bad news about the coast

Posted on February 22, 2013, 8:25 am, by richards and received 

Corps Permit Process

Posted on February 15, 2013, 5:03 pm, by jennifermaybery and received 

I am attaching a memo on the permit process for Corps permit process, with comments added in highlight.

River Diversions – Harry H. Roberts

Posted on February 8, 2013, 7:50 pm, by richards and received 

River Diversions: Geologic Boundary Conditions and Other Considerations, By Dr. Harry H. Roberts Coastal Studies Institute Louisiana State University

Professor Roberts makes a convincing case that river sediment diversions are the only meaningful way to build coastal line, but that the amount of coast that can be built is very limited. At best, a small part of the coast can be preserved through the use of one or two large diversions, positioned inland, rather than at the edge of the coast. Multiple small diversions will build no meaningful land. This raises several difficult questions:

1) Where will the diversions be built?

2) Major diversions will slow river flow during floods, causing sediment to drop out in the channel which would otherwise be carried out into the gulf. This will create shoals in the river and interfere with navigation. This will require additional dredging, which may still be unable to keep the river open to an adequate depth.

Research librarian contact

Posted on February 5, 2013, 3:53 pm, by richards and received 

Michelle Humphries
Reference Librarian
LSU Law Center
1 East Campus Dr.
Baton Rouge, LA 70803
225/578-4042 fax 225/578-5773
michelle.humphries@law.lsu.edu

 

Feasibility Study Volume 1 pages 222-296

Posted on February 5, 2013, 2:56 pm, by khugh14 and received 

Issues to research for 2/19

Posted on February 5, 2013, 2:56 pm, by paigegallaspy and received 

(1) What if the study is relying on bad science? Any abuse of discretion issues? – Grant and Justin

(2) Procedure of an EIS, what if there are problems with the original, how can they avoid getting a new one, etc. – Paige and Lenny

(3) What other laws are applicable to this stuff? CWA §404? Dead zone stuff… – Jen and Kellyn

(4) Endangered Species Act, any threatened or endangered species in this area? What if there are? Procedure…- Sean and Katelin

(5) Were any cultural sites affected? Procedure if they were? – Eva and Kiahhn

 

Alright guys, get creative here, if you find something that may benefit someone else on their search, post it!

Group 1 documents

Posted on February 5, 2013, 12:37 pm, by paigegallaspy and received 

CUPs

Posted on February 5, 2013, 10:10 am, by jacoblaborde and received 

Group 2 Document Index

Posted on February 4, 2013, 9:47 pm, by econne1 and received 

Groups

Posted on January 28, 2013, 8:50 am, by richards and received 

Group 1

Gallaspy
Bello
Penzo
Hughes

Group 2

Freeman
Maybery
Conner

Group 3

Elmer
McAllister
Jackson

 

More Diversions on the Way

Posted on January 25, 2013, 2:33 pm, by richards and received 

Caernarvon Freshwater Diversion – Additional Documents

Posted on January 24, 2013, 1:41 pm, by richards and received 

Louisiana Coastal Area (LCA), Modification of Caernarvon Freshwater Diversion Feasibility Study December 2009.

A Post-Katrina Assessment of the “Freshwater Diversion to Lake Pontchartrain Basin and Mississippi Sound”

Analysis of Fisheries-Independent Data for Evaluation of Species Distribution Responses to the Caernarvon Freshwater Diversion

Assessing the Effectiveness of Louisiana’s Freshwater Diversion Projects Using Remote Sensing

The Effect of the Caernarvon Diversion on Hurricane Driven Land Loss

The Impact Of The Caernarvon Diversion On Above- And Belowground Marsh Biomass In The Breton Sound Estuary After Hurricane Katrina (from the pro-diversion camp)

Lake Pontchartrain Basin Foundation

Louisiana Coastal Area (LCA), Modification of Caernarvon Freshwater Diversion Feasibility Study December 2009.

Geomorphology and Baldcypress Restoration of the Caernarvon Delta near the Caernarvon Diversion, Southeast Louisiana 2011 Report

2011 Operations, Maintenance, and Monitoring Report for Caernarvon Diversion Outfall Management (BS-03a)

State of the Science Regarding River Diversions

 

Caernarvon Freshwater Diversion Annual Reports

Posted on January 24, 2013, 1:34 pm, by richards and received 

 

2002

2003

2004

2005

See if you can find the rest.

Class 22 Jan 2013

Posted on January 20, 2013, 4:02 pm, by richards and received 

We will view a presentation on subsidence by Prof. Dokka:

http://ccweb.law.lsu.edu/Panopto/Pages/Viewer/Default.aspx?id=28071ff4-f660-4b3d-9ed7-a2af8461d27c

Read the articles I sent from Moodle. I am re-sending the email

Stopped at 1:10

 

Caernarvon Diversion Documents

Posted on January 16, 2013, 1:23 pm, by richards and received 

Law 5896 Blog

Posted on January 15, 2013, 10:13 pm, by richards and received 

This blog requires a login before access, so posts and comments will only be available to the class. However, anything written in electrons can be accessed by hackers, so always assume that nothing is completely protected.

Useful Links

Posted on January 15, 2013, 10:13 pm, by richards and received 

 

 

 

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