Jones v. Nat'l Marine Fisheries Serv.

摘要

U.S. Army Corps of Engineers did not act arbitrarily or capriciously in issuing National Environmental Policy Act finding of no significant impact for Clean Water Act dredge and fill permit for sand mining project, because: (1) environmental assessment for FONSI properly incorporated publicly available data in considering risks of hexavalent chromium generation at site from project, (2) conclusion that hexavalent chromium generation from project is unlikely was not highly uncertain, and (3) corps properly declined to consider cumulative impacts of speculative future mining projects.