Federal judge dismisses lawsuit protecting dolphins along Mississippi Gulf Coast
Date
9/22/2024 4:45:36 AM
(MENAFN) A federal judge has dismissed a lawsuit aimed at protecting dolphins along the Mississippi Gulf Coast, following a significant incident in 2019 when numerous dolphins were either killed or fell ill after the prolonged opening of a spillway designed for flood control. U.S. District Court Judge Louis Guirola Jr. ruled that the local governments and business groups, collectively known as the Mississippi Sound Coalition, lacked legal standing to file the suit, stating they did not demonstrate any imminent harm.
The coalition had sued the army Corps of Engineers regarding the operation of the Bonnet Carre' Spillway, located upriver from New Orleans. This spillway is used to divert water from the Mississippi River to Lake Pontchartrain and Lake Borgne, subsequently flowing into the Mississippi Sound in the Gulf of Mexico. While the opening of the spillway helps relieve pressure on the levees protecting New Orleans during high river conditions, it also introduces pollutants and nutrients into the Gulf, disrupting the salinity levels critical for marine life.
In their lawsuit, the coalition argued that the influx of polluted freshwater in 2019, when the spillway was opened for a total of 120 days, resulted in the stranding of sick and dead bottlenose dolphins along Mississippi beaches. They cited a report from an expert who noted that 142 dolphins were found dead or sickened. The coalition contended that this situation adversely affected the region's tourism and seafood industries, both vital components of the local economy.
The attorneys for the coalition referenced the Marine Mammal Protection Act, which mandates that the Army Corps and other agencies obtain permits from the U.S. Department of Commerce if their activities could harm marine mammals like dolphins. They sought a judicial order requiring the Army Corps to secure such permits before any future operations of the Bonnet Carre’ Spillway. However, the judge ruled that the coalition failed to prove imminent harm from future spillway openings, noting the unpredictability of both the openings and their potential effects on dolphin populations. He pointed out that there was no evidence of harm to dolphins during the spillway's last opening in 2020 or during previous openings in 2018 and 2016, describing the coalition’s claims of future harm as speculative. Robert Wiygul, an attorney for the Mississippi Sound Coalition, did not respond immediately to requests for comment following the ruling.
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