By William J. Chandler
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Additional info for Audubon Wildlife Report 1989/1990
Even after construction has begun, an effective case can sometimes be made to Congress to terminate or modify major projects. In the early 1970s, public opposition to the Corps' proposed Tocks Island Dam on the upper Delaware River caused Congress to order a restudy of the project, which led to the termination of construction and conversion of lands acquired for the project into a national recreation area administered by the National Park Service. When administrative and legislative efforts to modify authorized projects have not succeeded, the federal courts have sometimes provided an effective forum for project opponents, particularly where the planning process has failed to meet substantive or procedural standards required by law.
This preliminary budget reflects an aggregation of funding requests from the Corps field offices. Requests are generally grouped into overall "line item" categories: initial project investigations, construction, operation and maintenance, regulatory program, flood control and coastal emergencies, and general expenses. Also, there has been for many years a separate line item for "Flood Control, Mississippi River and Tributaries/ 7 which is a tribute to the political clout of former Congressman William Whittington and former Senators John Oucuton and John S tennis.
Third, Corps decisionmakers often conclude that the proposed activities, if permitted, will not result in significant impacts on the human environment. Hoskins goes on to point out that decisions by the Corps and other agencies not to prepare an EIS have frequently been successfully challenged in the courts, although the standard of judicial review 12. Letter from Lee M. Thomas, EPA Administrator, to A. Alan Hill, Chairman, Council on Environmental Quality, Feb. 25, 1985. S. Army Corps of Engineers <0 41 varies among the federal circuits and is thus, in his view, in need of resolution by the Supreme Court.
Audubon Wildlife Report 1989/1990 by William J. Chandler