LAFAYETTE, LA (Mar. 20, 2024) – City-Parish Attorney Patrick S. Ottinger has filed an unopposed motion to dismiss the appeal currently pending in the United States Court of Appeals, Fifth Circuit, in New Orleans, Louisiana. This appeal stemmed from the September 2023 decision of the United States District Court, Western Division of Louisiana, which dismissed without prejudice the suit brought by the Lafayette City-Parish Consolidated Government against St. Martin Parish and the United States Army Corps of Engineers.
The lawsuit arose from the removal of a spoil bank on the Vermilion River in February of 2022, located on or adjacent to land in St. Martin Parish. Following the project’s execution, the Corps of Engineers issued a Cease and Desist Order to Lafayette, citing “unauthorized deposition and redistribution of dredged and fill material in waters of the U.S. and authorized work in navigable waters of the U.S.” The Cease and Desist Order also highlighted an “apparent violation” of pertinent Federal laws, including the Rivers and Harbors Act and the Clean Water Act.
The Lafayette City-Parish Consolidated Government sought a judicial determination through the lawsuit that its actions did not contravene any Federal law or St. Martin Parish ordinance. However, the court dismissed the suit, ruling that the Cease and Desist Order issued by the Corps of Engineers did not constitute a “final” order, a prerequisite for a suit under the Federal Administrative Procedures Act.
City-Parish Attorney Patrick S. Ottinger stated, “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.”
