Laserfiche WebLink
<br />185. Col. Waterworth has refused all requests to prepare a Supplemental Draft <br />Environmental Impact Statement (SDEIS) as required under the rules of the Council on <br />Environmental Quality. <br />186. The public was given thirty (30) days to comment upon the FEIS, and has been <br />granted an extension of an additional thirty (30) days. <br />187. The Port of Houston Authority has already advertised for proposals to initiate <br />construction of the Bayport Project, including a clearing contract (advertised February, 2003), <br />wharf construction and dredging contract (advertised February, 2003), a container yard contract <br />(advertised April, 2003), and a Bayport substation (advertised April, 2003), with contract ranges <br />totaling from $82,142,400.00 to $114,409,000.00. <br />VI. CAUSES OF ACTION <br />A. CAUSE OF ACTION NO.1 -SUPPLEMENTAL DRAFT EIS REQUIRED UNDER <br />NEPA DUE TO SIGNIFICANT NEW CIRCUMSTANCES AND/OR INFORMATION <br />188. Under 40 CFR § 1502.9(c)(1)(ii), asupplement to a draft or final EIS shall be <br />prepared when there are significant new circumstances or information relevant to environmental <br />concerns and bearing on the proposed action or its impacts. <br />189. Under the regulations of the Council on Environmental Quality, a supplemental <br />draft of appropriate sections shall also be prepared and circulated if the Draft EIS was so <br />inadequate as to preclude meaningful analysis. (40 CFR § 1502.9(a)). <br />190. Plaintiffs allege that significant new circumstances and new information relevant <br />to environmental concerns and bearing on the proposed action or its impacts have arisen since <br />release of the DEIS regarding the proposed Bayport Project that require the completion of a <br />SDEIS. <br />24. <br />