Document / Legal Opinion

City Park For Everyone Coalition v. Federal Emergency

Posted 2018
Author
Robert H. Levin
About This Legal Opinion

City Park consisted of 1,500 acres of multi-use parkland located within the City of New Orleans. Before Hurricane Katrina, 525 acres of City Park were allocated among four 18–hole golf courses. While the South Course discontinued operations shortly before the 2005 storm, the remaining three courses (North, East, and West) sustained severe damage from the hurricane. In 2009, the North Course was fully repaired and resumed operations, but the East and West Courses remained out of commission. The New Orleans City Park Improvement Association (NOCPIA) created a master plan to consolidate the East and West Courses into one new course. Those portions of the East Course not allocated to the new course, approximately 96 acres; would be converted to green space, while 5.5 acres not previously used for golf would be added to the new course layout. The State of Louisiana sought and received funding for the course restoration from the Federal Emergency Management Agency (FEMA), which then conducted an Environmental Assessment resulting in a Finding of No Significant Impact. The City Park For Everyone Coalition and two individuals filed suit pursuant to the National Environmental Policy Act. In addition to various alleged procedural violations, the plaintiffs claimed that FEMA gave too little consideration to the environmental impacts of developing acreage not previously devoted to golf and that it gave short shrift to the project's environmental justice implications. The plaintiffs also claimed a violation of Louisiana's public trust doctrine.

Holding: The court dismissed the NEPA claims against NOCPIA, finding that nonfederal parties are generally not subject to the statute. The court also declined to exercise supplemental jurisdiction over the state-law public trust claim.

Analysis and Notes: The NEPA claims against FEMA still remain. It remains to be seen whether the plaintiffs will file a state court action based on the public trust theory.