On September 30, 2004 the U.S. District Court, Eastern District of Arkansas, Western Division, issued its decision in the case of Save Greers Ferry Lake, Inc. v. U.S. Army Corp of Engineers, Case No. 1:02CV00064 WRW. This decision substantially upheld the validity of SWL's 2002 Greers Ferry Lake Shoreline Management Plan (SMP), as well as the Final Environmental Impact Statement (EIS) and Record of Decision (ROD) supporting the SMP. The Corps was successful on 8 of the 9 points raised by the Plaintiffs. The only adverse portion of the Court's 35-page Order is the requirement that those individuals who scored less than 90% on their boat dock applications under the Corps' evaluation system must remove their docks from the lake within 90 days.

Specifically the Court's decision held:

1. SWL's interpretation of USACE's regulations on SMP regarding private shoreline uses is correct; therefore, private uses (such as docks) on lakes that already had private uses prior to December 13, 1971, may be authorized if a valid SMP is prepared IAW 36 C.F.R. S 327.30(d)(3).

2. The 2002 SMP is valid due even though SWL did not include a detailed discussion of off-site boat storage facilities in the Final EIS
a. SWL has no control over the use of off-site and commercial boat storage facilities
b. Final EIS does discuss the use of off-site facilities in the various alternatives addressed

3. SWL's decision to conditionally approve 15 applications for rezoning, each of which scored less than 90 percent on the USACE's rezoning criteria is arbitrary and capricious, in that -
a. SWL raised criteria from 80 to 90 percent in the 2002 SMP
b. SWL was arbitrary and capricious in approving conditional permits to docks failing to meet the new criteria
c. Injunction requires SWL to not issue further permits to docks not meeting 90 percent criteria
d. Current docks on lake not meeting 90 percent criteria must be removed within 90 days of court's decision (December 30, 2004)

4. SWL adequately examined the cumulative impacts of all feasible and reasonable alternatives under the National Environmental Policy Act -
a. Plaintiffs alleged that off-lake dry storage facilities and commercial docks should have been more carefully considered.

5. SWL did adequately consider the environmental impacts of "connected actions," "cumulative actions, and "similar action." Plaintiffs argued that Corps should have studied -
a. Cove Creek Marina
b. Subdivision Development around the Lake
c. "Minimum Flow" Proposal
d. "Mid-Arkansas Water Resource Study"
e. Grand Prairie Irrigation Project

6. SWL did adequately discuss mitigation measures and the Corps is not required to fully develop a plan that will mitigate all environmental harm

7. SWL had adequate outside reasons such as fire protection and previously had a 200-foot mowing radius on the Lake, so that to increase the mowing radius from 50 to 100 feet appears to be reasonable.

8. SWL had reasons for creating "Very High Scenic Areas", and although the Plaintiffs want the Corps to create more VHSA, the Court is not willing to substitute its Judgment for that of the Corps.

9. SWL had properly followed the law and regulations in the granting of group-owned boat docks and allowing them to have boats of various sizes

Send us your comments
The mail address is:
Greers Ferry EIS
c/o Trish Anslow
Planning, Environmental and Regulatory Division
P.O. Box 867
Little Rock, AR  72203-0867

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