February 27, 2013
The United State District Court for the District of Alaska
Jonah Nukapigak, Sam Kunaknana, Edward Nukapigak, Clarence Ahnupkana, Robert Nukapigak, Martha Itta, and John Nicholls, Plaintiffs
V.
United States Army Corps Of Engineers, Thomas P. Bostick, Commander and Chief of Engineers, U.S. Army Corps of Engineers, and Christopher D. Lestochi, Colonel, District Commander, U.S. Army Corps of Engineers, Alaska District, Defendants,
Complaint For Injunctive And Declaratory Relief (Clean Water Act: 33 U.S.C. Section 1344; National Environmental Policy Act, 42 U.S.C. Section 4332; Administrative Procedure Act: 5 U.S.C. Section 706)
Plaintiffs Jonah Nukapigak, Sam Kunaknana, Edward Nukapigak, Clarence Ahnupkana, Robert Nukapigak, Martha Itta, and John Nicholls (collectively “Plaintiffs”), by and through their undersigned counsel of record, file this Complaint for Injunctive and Declaratory Relief, and hereby allege:
I. NATURE OF THE CASE
1. This action seeks declaratory and injunctive relief for violations of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1251-1387, the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-70h, and their implementing regulations, by the U.S. Army Corps of Engineers (“Corps”) for issuing a CWA section 404 permit (“the Permit”), under 33 U.S.C. § 1344, for the CD-5 Project. Plaintiffs challenge the Corps’ December 19, 2011 decision to issue the Permit to ConocoPhillips Alaska, Inc. (“CPAI”) to discharge fill material into 58.5 acres of wetlands and other waters of the United States to construct the CD-5 satellite drilling pad and a six-mile-long access road with a bridge crossing the Nigliq Channel of the Colville River. See Department of the Army, Record of Decision & Permit Evaluation, Application No. POA-2005- 1576 (Dec. 19, 2011) (hereinafter “2011 ROD”).
2. Plaintiffs ask the Court to: (1) declare that the Corps’ issuance of the Permit was arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-06, and in violation of the CWA and NEPA; (2) vacate the Permit; (3) enjoin the Corps from authorizing any further discharge of fill material in connection with this Permit until it complies with the CWA and NEPA; and (4) award to the Plaintiffs their costs and expenses, including reasonable attorneys’ fees.