Blacksher,
Menefee, and Stein Records Abstract This case was filed in the U.S. District Court for the Southern District of Alabama on February 16, 1979. The state filed suit against the Corps and the Secretary of the Army in order to prevent the dumping into the bay of dredged material from a proposed channel from Mobile Bay to Theodore. The channel, which was authorized by Congress in 1965, was to be forty-feet deep and four hundred-feet wide from the bay to the Theodore shoreline and would then extend two miles inland to Theodore Industrial Park. The Corps planned to take dredged material to an inland disposal area, as well as to five unconfined areas in the bay. The state argued that these "spoil islands" had not been thoroughly investigated as to whether they were needed and if they would negatively impact the environment. The state also argued that the Corps never received Alabama certification for the project, and violated federal law by not providing an environmental impact statement, stating unavoidable adverse environmental effects, and alternatives. The state asked for an injunction preventing work on the project until such items could be secured. The file does not list any court action or settlement. *Additional environmental material can be found in the Sierra Club v. Dauphin Island lawsuit and in the Mobile Bay Audubon Society Records. Box 149 1. Alabama Air Pollution Control Act, Chapter 28 Box 150 1. Theodore Ship Channel, Complaint |