Corps Fails to Consider Alternatives

Abstract

Marion, Illinois, and the Lake of Egypt Water District both wanted more water. Each had a reservoir supply of marginal quality. The city proposed to solve both problems in one stroke by establishing a new reservoir created through a dam over Sugar Creek. A 20‐in.‐ (0.5‐m‐) diameter pipeline would run the water to Marion which, in turn, would sell some of that water to the district. The proposed project fell under federal jurisdiction because Sugar Creek was navigable. Thus, it was necessary for the US Army Corps of Engineers to issue a permit. In its environmental impact statement, the Corps confined the analysis to single‐source alternatives. The Corps issued a permit, which was challenged in this lawsuit. The trial court upheld the Corps. The appellate court noted that the Corps never studied whether the single‐source idea was the best, or even a good, idea. According to the court, this may well be the best solution to the water shortages of Marion and the water district, but the Corps erred in accepting this parameter as a given. Thus, the court concluded that the Corps defined an impermissibly narrow purpose for the contemplated project and failed to examine the full range of reasonable alternatives. The trial court decision was reversed.