Judge hears case against
levee
ST. LOUIS
POST-DISPATCH
09/29/2005
The Army Corps of Engineers disregarded parts of
environmental law in allowing construction of a $22.5 million St. Peters levee
in the Mississippi River flood plain, lawyers for environmental groups told a
federal judge on Thursday.
Lawyers for the corps and St. Peters, which
holds the levee permit as part of the Lakeside 370 Business Park development,
countered that plans for the levee were thoroughly studied and meet all legal
requirements.
At issue is the effort by the Great Rivers Habitat
Alliance and the Missouri Coalition for the Environment to halt construction of
the nearly four-mile levee. Preliminary work on the structure began last
week.
After hearing more than six hours of arguments over two days this
week, U.S. District Judge E. Richard Webber said he would decide quickly
whether to grant the injunction sought by the environmental groups.
Ted
Heisel, a lawyer and the coalition's executive director, told Webber that the
National Environmental Policy Act and the Clean Water Act require a study of
the "cumulative impact" of the Lakeside 370 levee.
Nicholas Pinter, a
geology professor at Southern Illinois University Carbondale, testified for the
plaintiffs that the corps' study of the Lakeside 370 levee's likely effect on
flood levels was simplistic "and not a good representation of
reality."
Pinter said a sophisticated hydraulic-model study would show
that the levee would cause "a significant increase in flood levels."
In
granting the levee permit Sept. 9, the corps said that it had thoroughly
studied the plan for a levee to protect Lakeside 370 from a 500-year flood and
had concluded that the 22-foot-high dike's effect on flooding would be
negligible.
Assistant U.S. Attorney Jane Rund, representing the corps,
told Webber that the plaintiffs were unable to show that the levee would cause
"irreparable harm." She added that Lakeside 370 plans include development of
new wetlands and a recreational lake outside the area protected by the
levee.
St. Peters, which envisions thousands of jobs and millions of
dollars in taxes from Lakeside 370, has an agreement to sell the nearly
1,600-acre site to developer Leonard Kaplan. He has until Dec. 16 to close on
the sale. The deal calls for Kaplan to pay $15.6 million at closing, to
reimburse the city for levee construction and to make other payments that would
eventually increase the total value of the sale to nearly $50
million.
The city is in a hurry to get the levee built. Last week,
aldermen approved adding as much as $500,000 to the city's approximately $15
million contract with Dave Kolb Grading Inc. Jeff Kolb, who heads the company,
testified Thursday that he would use the extra money to put more equipment and
workers on the job to get the levee built by the middle of November. Any delay
caused by an injunction against the project would be costly, he
said.
"If we lose 10 days now, we're in trouble," he said.
[Non-text portions of this
message have been removed]
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
NOTE: In accordance with Title 17 U.S.C.
section 107, any copyrighted material herein is distributed without profit or
payment to those who have expressed prior interest in receiving this
information for non-profit research and educational purposes only. For further
information please refer to:
http://www.law.cornell.edu/uscode/17/107.shtml