Update - May 8, 2015
The Upper South East Communities Coalition's legal team filed complaint for declaratory and injunctive relief against the U.S. Army Corps of Engineers (Corps), under the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act (CWA) on May 6, 2015 in United States District Court Eastern District of California.
We are asking the Court to adjudge and declare that the Corps's issuance of the Section 404 Permit for the Southeast Connector, violated the Administrative Procedure Act (ACA), and the Clean Water Act (CWA) and the National Environmental Policy Act's (NEPA) implementing regualtions. We are seeking an order from the Court to require the Corps to rescind the Section 404 Permit until the Coalitions claims are decided on the merits.
At this time we have a tentative Court date of June 17, 2015, however the Corps, RTC and the Coalition will be petitioning the Court to be heard at an earlier date.
It appears while we are waiting, that there might be some "pre-construction" work going on.
Currently, among other permits, RTC does not have a "de-watering" permit that is required from the State of Nevada. They will not be able to do any major excavating without this permit in case they run into ground water. If they need to pump ground water it has to either be distributed on the ground or put into Steamboat Creek. If they want to pump into Steamboat Creek (which is anticipated due to the amount of ground water to be pumped) then that triggers involvement by the EPA
Yesterday, RTC legal counsel was scheduled to file a motion with the Court to intervene as an "Intervenor-Defendant". This was not unexpected and we are waiting to find out if they did and what that will mean for our Coalition and our case against the Corps.
As you all may be aware from our previous updates, the Coalition filed an appeal with the City of Reno Hearing Executive regarding City Staff making the decision that a grading permit would not be required for this project and that the CLOMR need not be completed prior to construction as was required in the Conditions of the SUP's and Variances. We have a hearing date of May 19th for the Coalition Board members and our local legal counsel. Of course we will be sending another update to let everyone know what happens.