National Audubon Society goes to court over project on N.C. beach

By Wadi Reformado | Aug 23, 2017

WILMINGTON, N.C. (Legal Newsline) – The National Audubon Society is seeking to enjoin a project in North Carolina it alleges would damage a beach.

The nonprofit filed a complaint on Aug. 14 in the U.S. District Court for the Eastern District of North Carolina, Southern Division against The U.S. Army Corps of Engineers and Col. Robert J. Clark, in his official capacity as district commander of the Wilmington District, citing the Administration Procedure Act.

According to the complaint, the defendants have approved a permit for the town of Ocean Isle Beach to build a foot rock wall near Shallotte Inlet to protect buildings. The plaintiff alleges that "as a result of stabilizing that small portion of beach, the groin will erode the beach east of the structure and destroy existing recreational beach and wildlife habitat," according to the complaint.

The plaintiff alleges the defendant found an alternative that would protect the buildings that would cost less without building the groin.

The plaintiff seeks enjoin the defendant, require the removal of any portion of the proposed terminal groin built, all legal fees and any other relief as the court deems just. It is represented by Geoffrey R. Gisler and Kimberley Hunter of Southern Environmental Law Center in Chapel Hill, North Carolina.

U.S. District Court for the Eastern District of North Carolina case number 7:17-cv-00162-FL

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U.S. District Court for the Eastern District of North Carolina U.S. District Court for the Eastern District of North Carolina Raleigh Division

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