Friends of Back Bay v. U.S. Army Corps of Engineers

The Army Corps of Engineers (defendant) prepared an environmental assessment under NEPA for a private marina project near the Back Bay National Wildlife Refuge, and instead of the environmental impact statement the Fish and Wildlife Service had suggested, relied on a no-wake zone (NWZ) to limit boating-related habitat harm. Enforcement of the NWZ was hampered by local staffing constraints, and the Corps itself expressed hope that public education and signage, rather than actual enforcement, would achieve compliance; the Fish and Wildlife Service conditioned its acceptance of the project on adequate NWZ funding and enforcement, yet the Corps issued the permit anyway without mandating either, issued a finding of no significant impact (FONSI), and the NWZ remained unmarked and unenforced. Friends of Back Bay (plaintiffs) sued, and after cross-motions for summary judgment the district court ruled for the Corps, prompting the appeal.