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United States Sugar Corp. v. Semonite

Filing Date: 2019
Case Categories:
  • Adaptation
    • Reverse Impact Assessment
  • Federal Statutory Claims
    • NEPA
Principal Laws:
Administrative Procedure Act (APA), National Environmental Policy Act (NEPA)
Description: Challenge to U.S. Army Corps of Engineers releases from Lake Okeechobee in Florida.
  • United States Sugar Corp. v. Semonite
    Docket number(s): 9:19-cv-81086
    Court/Admin Entity: S.D. Fla.
    Case Documents:
    Filing Date Type File Action Taken Summary
    10/21/2019 Motion to Dismiss Download Motion to dismiss filed.
    08/01/2019 Complaint Download Complaint filed. U.S. Sugar Brought Suit Alleging “Unprecedented” Releases from Lake Okeechobee Violated NEPA. United States Sugar Corporation (U.S. Sugar) filed a lawsuit against the U.S. Army Corps of Engineers in federal court in the Southern District of Florida asserting that the Corps violated the National Environmental Policy Act (NEPA) by failing to prepare a new or supplemental environmental impact statement (EIS) before releasing “unprecedented amounts” of water from Lake Okeechobee, allegedly “driving the Lake to extreme low levels and man-made drought.” The complaint alleged that the existing EIS and Regulation Schedule, from 2007 and 2008, respectively, did not anticipate or provide for the releases undertaken by the Corps beginning in November 2018. U.S. Sugar said the Corps’ declaration that the 2007 EIS provided “coverage” under NEPA for the releases “flouts the law by ignoring the changes in operations and the changes in circumstances” since 2007, including the Corps’ development of additional science regarding risks from climate change.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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