384) The court held that NWEA's criticisms exaggerated the amount of sediment that would be disposed of at the Deep Water Site, for the FSEIS only authorized disposal of all MCR dredge material there for "contingency planning purposes" or as a "worst case scenario.
The Ninth Circuit held that just as the Corps' 2003 FSEIS took a hard look at the potential erosive effects of MCR project Deep Water spoil disposal, it also took a hard look at erosive effects of channel deepening project Deep Water spoil disposal.
The court held the 2003 FSEIS treated this possibility explicitly and thoroughly in response to Washington and Oregon's concerns, and properly concluded that channel deepening would have no significant impact on sediment transport.
388) Furthermore, the 2003 FSEIS did include historical data on salinity increases associated with the MCR project and, even more persuasively, citations to present-day studies, which indicated that the channel deepening would minimally affect salinity.
The Ninth Circuit finally held that the district court did not abuse its discretion by striking the extra-record declaration of economist Ernest Niemi, the stated purpose of which was to "determine whether or not the FSEIS provides a misleading description of the Project's potential economic impacts.
Even if the 2000 FSEIS did contemplate some modifications under the adaptive management scheme, the court indicated that at some point modifications are so dramatic that they cannot be justified as "maintenance.
its environmental impact review, which concluded with the 2002 FSEIS,
Ecology's State FSEIS could trigger a cascade effect in the
139) FERC 2002 FSEIS, supra note 117, at xvii-xviii.
196) See FERC 2002 FSEIS, supra note 117, at 77-92; FWS 2002 BiOp,
Shortly after the FERC 2002 FSEIS, Ecology advised FERC
information is received the State FSEIS should take about seven weeks to