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• • <br />impacts, and the FEIS must be re-issued as a Supplemental Draft EIS that includes full and fair <br />consideration of this information. <br />206. The Draft EIS failed to provide sufficient detail about several of these issues and <br />precluded meaningful analysis. <br />207. A number of comments were filed requesting the preparation of a Supplemental <br />Draft EIS prior to the release of the FEIS on May 16, 2003. <br />208. The release of the FEIS represented final agency action regarding the request for a <br />Supplemental Draft EIS. <br />209. All of the above-mentioned issues are also relevant to the analysis of reasonable <br />alternatives under NEPA and practicable alternatives under the § 404(b)(1) guidelines. <br />210. It is a violation of NEPA to fail to give the public a meaningful opportunity to <br />comment at a meaningful time. <br />211. It is arbitrary, capricious and otherwise not in accordance with the law in violation <br />of the APA to issue a DEIS or a FEIS that does not include information known to the agency and <br />that does not present meaningful alternatives and meaningful analysis upon which the public <br />may. comment. <br />212. It is azbitrary, capricious and otherwise not in accordance with the law in violation <br />of the APA for the Galveston District to base a decision regarding the issuance of a permit for <br />the PHA's proposed Bayport Project on the FEIS in light of the significant new information <br />discussed above. <br />213. It is arbitrary, capricious and otherwise not in accordance with the law in violation <br />of the APA for the Galveston District of the Corps to determine not to issue a Supplemental <br />Draft EIS. <br />27. <br />