Mississippi Sound Coalition Lawsuit Dismissed
A federal judge has dismissed a lawsuit that sought to protect dolphins along the Mississippi Gulf Coast following a devastating die-off in 2019. The lawsuit, filed by the Mississippi Sound Coalition in January, accused the U.S. Army Corps of Engineers of negligence in their operation of the Bonnet Carre’ Spillway, which the plaintiffs claim harmed local marine life, including bottlenose dolphins.
Spillway Operations and Dolphin Deaths
The Bonnet Carre’ Spillway, located upriver from New Orleans, is designed to divert floodwaters from the Mississippi River into Lake Pontchartrain and Lake Borgne, ultimately flowing into the Mississippi Sound in the Gulf of Mexico. The spillway is opened to reduce pressure on the levees protecting New Orleans during times of high water levels. However, when opened for extended periods, the spillway flushes large amounts of freshwater, nutrients, and pollutants into the Gulf, impacting local marine ecosystems.
In 2019, the spillway remained open for a total of 120 days, resulting in a significant reduction in salinity in the Mississippi Sound. According to the coalition’s lawsuit, this change in water quality contributed to the deaths and illness of bottlenose dolphins, with 142 dolphins washing ashore, sickened or dead. The plaintiffs argued that this environmental disaster harmed the local tourism and seafood industries, vital to the region’s economy.
Legal Arguments: Seeking Permits for Spillway Operations
The Mississippi Sound Coalition argued that the Army Corps of Engineers violated the Marine Mammal Protection Act by failing to obtain a permit from the U.S. Department of Commerce before opening the spillway. The coalition’s attorneys contended that permits should be required when actions may harm, harass, or kill protected marine animals, such as dolphins.
The coalition sought an order that would require the Army Corps to obtain such permits before future operations of the spillway, aiming to prevent further damage to marine life.
Judge’s Ruling: Lack of Legal Standing
U.S. District Court Judge Louis Guirola Jr. dismissed the case, ruling that the Mississippi Sound Coalition had no legal standing to sue. The judge found that the plaintiffs failed to demonstrate they faced imminent harm from future spillway openings, citing the unpredictability of the spillway’s use and its potential effects on marine life.
“The possibility of future harm claimed by Plaintiffs is too speculative,” Judge Guirola wrote in his ruling. He also noted that the coalition provided no evidence of dolphin harm during the spillway’s more recent openings in 2020, 2018, and 2016.
