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This is a climate case based on public nuisance and misrepresentation. Defendants removed to federal court under the federal officer statute and the Circuit sent it back. Defendants appealed to the USSC, which accepted cert. and rule that when the federal officer statute was triggered, the appeals court had a duty to remand to consider all grounds for removal.
Office, U.S.G.A., on Transportation, U.S.C.H.C. & Infrastructure, 2005. Wetlands Protection: Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure that Compensatory Mitigation is Occurring: Report to the Ranking Democratic Member, Committee on Transportation and Infrastructure, House of Representatives, GAO.
News – The final EIS is available: https://www.nola.com/news/environment/article_65b9af6e-3837-11ed-903e-a786ab658b0e.html
See also: River Diversion Research Articles
Note – in order to make it more difficult for reporters and others to use the files, they are published with all of the security settings enabled so that they can only be printed. You cannot copy text out of the files for articles or analysis without loading them into a PDF manager such as Qiqqa.
I have collected all of the Draft EIS documents and indexed them with Acrobat. You can download the collection as a zip file here:
The file is about 688 megs. Unzip this into a subdirectory. You will get the EIS files plus the index files. One file is named MBSD Index.pdx If you open this file in Acrobat or Acrobat reader, it allows you to search all of the files and then page through them to see the search terms in context.
Environmental Justice Issues
The environmental justice review starts at p. 615
McCall, Grant S., and Russell D. Greaves. “Creating a Diversion: Why the Mid-Barataria Sediment Diversion (MBSD) Project Is Unpopular Among Coastal Communities in Southeast Louisiana.” Marine Technology Society Journal 56.3 (2022): 67-83.
Flooding poses a significant threat to life and property and is the most common natural hazard in the United States. Since 1973, the National Flood Insurance Program (NFIP) has paid more than $69 billion in flood insurance claims, half of which have occurred in the last 12 years. Further, the risk of flooding is increasing due to climate change impacts, like sea level rise and changing precipitation patterns, and increased development in the nation’s floodplains. As atmospheric greenhouse gas concentrations continue to rise, flood risk will continue to increase, presenting grave challenges to our nation’s cities, towns, and neighborhoods when floods strike.
The Great Ice Meltdown and Rising Seas: Lessons for Tomorrow
As accumulating atmospheric greenhouse gases lead to further climate warming, sea level rise will accelerate, endangering coastal communities by more frequent flooding, exacerbated beach erosion, and saltwater penetration into streams and aquifers. Twentieth century global sea level rise has averaged 1.7 mm/yr, increasing to around 3 mm/yr since 1993, as measured by TOPEX/Poseidon and Jason satellite altimetry. Current trends exceed those of the last few millennia by 1 to 2 mm/yr, based on saltmarsh data from many localities.
The Bad News Game
This is a learning tool on how to build effective fake news. The objective is to teach critical thinking about fake news and disinformation.
The Bad News Game (Click on Play the Game, then click on one of the responses to get started.)
National Security Issues
During the last glacial maximum, sea level was around 600 feet lower than today. Southeast Britain was connected to Europe by a land bridge called Doggerland, which is derived from the Dogger Banks which the name of the submerged area. Northern and western Britain was covered by an ice sheet at this time. Doggerland provided a habitat for neolithic tribes migrating from the ice sheet. It was covered with forests and wetlands and was likely a prime area for hunting and gathering. About 8,150 years ago, when most of Doggerland had been inundated by the melting of the ice cap, there was a massive tsunami caused by the collapses of parts of the continental shelf off the coast of Norway. The tsunami was estimated to be 25 meters (82 feet) high. It would have devastated British coastal areas and much of the remaining area of Doggerland. There is evidence that some areas of Doggerland, which would have been islands at the time, were high enough to be refuges for the neolithic peoples in the area. These refugees may have been critical in the resettlement of Britain as sea level stabilized and the ice sheet disappeared.
Sabin Center Climate Deregulation Tracker
Harvard Regulatory Rollback Tracker
Berkeley website focused on strategies for reversing the nearly 200 federal rollbacks