Posted on July 26, 2023
A federal judge on Monday rejected a lawsuit filed by environmental groups challenging U.S. approvals for dredging in Puerto Rico’s San Juan Bay, after finding the government adequately considered likely environmental impacts from the project before approving it.
U.S. District Judge Carl Nichols in Washington, D.C., granted the U.S. Army Corps of Engineers summary judgment in the case, which was filed last year by environmental groups the Center for Biological Diversity, El Puente and CORALations.
The groups had claimed the approvals were rushed and that they ignored potential damage to endangered coral and sea turtles, health harms from increased air pollution and concerns the project would promote reliance on natural gas despite local clean energy goals.
Nichols said the agencies, in a 2018 environmental analysis, adequately considered those concerns. Noting the review took a “hard look” at impacts to the area including potential harms to people and wildlife, Nichols said it was thorough enough to satisfy requirements of the National Environmental Policy Act, the Endangered Species Act and other laws.
Catherine Kilduff, an attorney with the Center for Biological Diversity, said the judge’s decision is disappointing and “perpetuates environmental injustice.” The groups are evaluating potential next steps.
The Army Corps didn’t immediately respond to a request for comment.
The Army Corps claims the project is needed to make it easier for cargo ships to navigate the San Juan Harbor, and to eliminate shipping inefficiencies. Currently, ships, including bulk fuel importers, often lighten their loads to access the area.
The project calls for dredging and disposal of more than two million cubic yards of sediment. The dredging is expected to take eight to 10 months, and construction was expected to start this month, according to the Army Corps.
The environmental groups claimed in their August complaint that the project would increase reliance on fossil fuels, and undermine a 2019 mandate that the island obtain 100% renewable energy for its electricity needs by 2050.
They also said dumped sediment from the project could harm coral reefs, and that construction could disturb nesting sea turtles.
The case is El Puente v. U.S. Army Corps of Engineers, U.S. District Court for the District of Columbia, No. 1:22-cv-02430.
For the environmental groups: Miyoko Sakashita, Julie Teel Simmonds, Kristen Monsell and Catherine Kilduff of the Center for Biological Diversity
For the U.S.: Heather Gange, Michelle Spatz and Sarah Izfar of the U.S. Department of Justice
