Federal agencies, including the Fish and Wildlife Service and the Army Corps of Engineers, have filed a motion to dismiss in a case brought against the agencies by the Center for Biological Diversity and other groups. The complaint, filed last year, takes issue with a proposed mixed-use development.
In their motion to dismiss, the federal agency defendants state that “Plaintiffs claim that the thorough environmental analyses performed by the agencies were arbitrary and capricious. In making their arguments, Plaintiffs reveal a fundamental misunderstanding of the facts here and the records supporting the agencies’ determinations.”
Specifically, the defendants say that plaintiff’s complaint does not mention the development’s plan to create a nature reserve that is designed to preserve affected species.
The agencies conclude that the plaintiff environmental organizations have failed to show that the decisions made by the agencies approving the project were arbitrary and capricious.
