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• • <br />Galveston Bay Foundation ("GBF"), the Houston Audubon Society ("HAS"), the Houston Yacht <br />Club ("HYC"), the Professionals Involved in Seafood Concerned Enterprises ("PISCES"), and <br />the Gulf Restoration Network ("GRN"), and complain of Col. Leonard D. Waterworth, District <br />Engineer, Galveston District - U.S. Army Corps of Engineers; Lieutenant General Robert B. <br />Flowers, Commander and Chief of Engineers, U.S. Army Corps of Engineers; Honorable~Les <br />Brownlee, Acting Secretary of the Army; and the U.S. Army Corps of Engineers. <br />I. INTRODUCTION AND SUMMARY OF THE CASE <br />1. Plaintiffs claim that the U.S. Army Corps of Engineers for the Galveston District <br />("Galveston District") has failed to comply with federal law when evaluating the permit <br />application ~by the Port of Houston Authority ("PHA") to construct the Bayport Container and <br />Cruise Terminal Facility ("Bayport Project") in and along Galveston 'Bay in Harris and <br />Chambers Counties, Texas. <br />2. First, Plaintiffs seek a ruling from this Court that the recently released Final <br />Environmental Impact Statement ("FEIS") for the Bayport Project does not comply with the <br />National Environmental Policy Act ("NEPA") by failing to address significant new <br />circumstances and/or information in a Supplemental Draft Environmental Impact Statement <br />("SDEIS") in accordance with the regulations of the Council on Environmental Quality (CEQ) <br />that are controlling over the actions of the Galveston District in its consideration of the PHA's <br />permit application. <br />3. Second, Plaintiffs seek to nullify the Galveston District's policy statement <br />regarding its criteria for determining jurisdictional wetlands as an illegal rule -making not in <br />accordance with the Administrative Procedure Act ("APA"), and have the Galveston District's <br />2. <br />