Lafayette Reporter

In Lafayette, Louisiana, City-Parish Attorney Patrick S. Ottinger has taken a significant step in a federal court case by filing a motion to dismiss the appeal currently pending in the United States Court of Appeals, Fifth Circuit in New Orleans. The appeal originates from a decision made in September 2023 by the United States District Court, Western Division of Louisiana, which dismissed without prejudice a lawsuit brought by the Lafayette City-Parish Consolidated Government against St. Martin Parish and the United States Army Corps of Engineers.

The lawsuit was triggered by the removal of a spoil bank on the Vermilion River in February 2022, located either on or near land in St. Martin Parish. Following the completion of the project, the Corps of Engineers issued a Cease and Desist Order to Lafayette, citing violations related to the deposition and redistribution of dredged material in U.S. waters, as well as unauthorized work in navigable U.S. waters. The Cease and Desist Order also pointed out potential breaches of federal laws such as the Rivers and Harbors Act and the Clean Water Act.

Despite the Lafayette City-Parish Consolidated Government's attempt to seek legal clarity through the lawsuit regarding their compliance with federal laws and St. Martin Parish ordinances, the court dismissed the suit. The ruling was based on the determination that the Cease and Desist Order issued by the Corps of Engineers did not meet the criteria of being a "final" order, which is a prerequisite for legal action under the Federal Administrative Procedures Act.

City-Parish Attorney Patrick S. Ottinger expressed that "the dismissal of this appeal enables the administration to engage with the United States Army Corps of Engineers and representatives of St. Martin Parish in a conciliatory manner in an effort to reach a resolution of issues pertaining to this project."

This development marks a potential shift towards resolving the disputes surrounding the project through dialogue and cooperation between the involved parties.