In the United States District Court for the Middle District of Alabama
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BLACK WARRIOR RIVERKEEPER, INC., ) ) Plaintiff, ) ) v. ) ) UNITED STATES ARMY CORPS OF ) ENGINEERS; JON J. CHYTKA, DISTRICT ) COMMANDER, MOBILE DISTRICT; ) NO. ALABAMA DEPARTMENT OF ) TRANSPORTATION; and JOHN R. ) COOPER, DIRECTOR, ALDOT, ) ) Defendants. ) ) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff Black Warrior Riverkeeper, Inc., by and through its undersigned counsel, files this Complaint for declaratory and injunctive relief, stating as follows: INTRODUCTION 1. This action challenges violations of Section 404 of the Federal Water Pollution Control Act ("Clean Water Act" or "CWA"), as well as the National Environmental Policy Act of 1969 ("NEPA"), in connection with Defendant United States Army Corps of Engineers' ("the Corps') September 30, 2013 decision to issue a permit for the discharge of dredged or fill material into waters of the United States ("Section 404 permit") for the construction of a 1.86- mile segment of the Northern Beltline near Palmerdale, Alabama. When completed, the proposed 52-mile, six-lane Northern Beltline would be a new controlled-access highway between Interstate 459 in Bessemer, Alabama and Interstate 59 in Trussville, Alabama. 2. Section 404 of the Clean Water Act requires the Corps to issue permits only for those projects that represent the least damaging practicable alternative that will satisfy the project's purpose and need. In determining the least damaging practicable alternative, the Corps must evaluate a number of environmental and economic factors pursuant to CWA regulations and must look at the entire project. 3. The Section 404 permit issued for the Northern Beltline is an improper and illegal segmentation that prevents an objective look at the entire project's impacts and alternatives.
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