MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Rules
By: Senator(s) Thompson, Carter, DeLano, Wiggins, England, Moran, Seymour, Hill, McLendon
A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE MISSISSIPPI LEGISLATURE FOR THE PLAINTIFFS AND THE RULING OF THE UNITED STATES DISTRICT COURT IN HARRISON COUNTY, MISSISSIPPI, ET AL. V. THE U.S. ARMY CORPS OF ENGINEERS REGARDING THE DIVERSION OF WATERS OF THE MISSISSIPPI RIVER THROUGH THE OPENING OF THE BONNET CARRE' SPILLWAY; RESPECTFULLY REQUESTING THE CORPS OF ENGINEERS COMPLY WITH THE RULING AND CONSULT WITH THE NATIONAL MARINE FISHERIES SERVICE TO CONSERVE THE ESSENTIAL FISH HABITAT IN THE MISSISSIPPI SOUND ON THE MISSISSIPPI GULF COAST; EXPRESSING THE SUPPORT OF THE MISSISSIPPI LEGISLATURE FOR THE IMPLEMENTATION OF THE FEDERAL MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT; EXPRESSING THE SUPPORT OF THE MISSISSIPPI LEGISLATURE FOR THE COMPLETION OF A NEW ENVIRONMENTAL IMPACT STATEMENT (EIS) TO ASSESS THE POTENTIAL IMPACT OF FEDERAL ACTIONS SIGNIFICANTLY AFFECTING THE QUALITY OF THE HUMAN ENVIRONMENT REGARDING OPENINGS OF THE BONNET CARRE' SPILLWAY, INCLUDING CONSIDERATION OF ALTERNATIVE MEANS OF FLOOD CONTROL AND MANAGEMENT ON THE MISSISSIPPI RIVER WHICH COULD LESSEN OR MITIGATE ADVERSE IMPACTS TO THE MISSISSIPPI SOUND ESTUARY AND LAKE PONTCHARTRAIN FROM OPERATION OF THE BONNET CARRE' SPILLWAY AND OTHER ELEMENTS OF THE MISSISSIPPI RIVER AND TRIBUTARIES PROJECT; AND ACKNOWLEDGING THE ENVIRONMENTAL IMPACTS OF THE RECENT OPERATION OF THE SAID BONNET CARRE' SPILLWAY IN DECIMATION OF OYSTER HARVESTS AND OTHER ESSENTIAL FISH HABITAT, THE MISSISSIPPI COAST TOURISM INDUSTRY AND CONSEQUENTLY THE TAX BASES OF LOCAL AND STATE GOVERNMENTS; AND FOR RELATED PURPOSES.
WHEREAS, in the case of Harrison County, City of Biloxi, City of D'Iberville, City of Diamondhead, City of Pass Christian, City of Waveland, Hancock County, Mississippi Commercial Fisheries United, Inc., and Mississippi Hotel and Lodging Association v. U.S. Army Corps of Engineers (United States District Court for the Southern District of Mississippi, January 2023), the plaintiffs sued the federal United States Army Corps of Engineers stating the more frequent, lengthier openings of the Bonnet Carre' Spillway in recent years have caused significant damage to the environment and economy of the Mississippi Gulf Coast. The plaintiffs contended the Mississippi Sound has been designated as an Essential Fish Habitat governed by the federal Magnuson-Stevens Fishery Conservation and Management Act, and the Corps has failed to comply with said Act; and
WHEREAS, the Federal Court in this case granted the Plaintiffs' Motion for Summary Judgment, and the Court ordered the Corps of Engineers to consult with the National Marine Fisheries Service before September 30, 2023, regarding the impact of Spillway openings on Essential Fish Habitats:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
(a) That the Mississippi Legislature hereby supports the Plaintiffs and the ruling of the United States District Court regarding the diversion of polluted waters of the Mississippi River through the opening of the Bonnet Carre' Spillway and respectfully requests the United States Army Corps of Engineers, the National Marine Fisheries Service and all parties to this case comply with federal law in order to conserve the fishery habitat found off the Mississippi Gulf Coast and protect the economy and culture of our state. The plaintiffs and the style of this landmark case is Harrison County, Mississippi, City of Biloxi, City of D'Iberville, City of Diamondhead, City of Pass Christian, City of Waveland, Hancock County, Mississippi Commercial Fisheries United, Inc., and Mississippi Hotel and Lodging Association v. U.S. Army Corps of Engineers, Cause No. 1:19CV986-LG-RPM (United States District Court for the Southern District of Mississippi, January 2023);
(b) That the Mississippi Legislature fully supports the United States Army Corps of Engineers and National Marine Fisheries Service compliance with the Court's order and adherence to the Magnuson-Stevens Fishery Conservation and Management Act;
(c) That the Mississippi Legislature fully supports the completion of a new or supplemental Environmental Impact Statement (EIS) as mandated by the National Environmental Policy Act of 1969 (NEPA) to assess the potential impact of actions "significantly affecting the quality of the human environment," which specifically takes into account the opening of the Bonnet Carre' Spillway and its adverse impact on the Mississippi Sound as designated Essential Fish Habitat, including consideration of alternative means of flood control and management on the Mississippi River, which could lessen or mitigate adverse impacts to the Mississippi Sound Estuary and Lake Pontchartrain from operation of the Bonnet Carre' Spillway and other elements of the Mississippi River and Tributaries Project. The United States Army Corps of Engineers, responsible for the Mississippi River and Tributaries and Mississippi River mainline levee system, completed the first Environmental Impact Statement (EIS) in 1976, a supplemental EIS in 1998, and a second supplemental EIS in 2020. All three EIS documents completed by the Corps evaluate the flood risk between Cape Girardau, Missouri and Head of Passes, Louisiana. All three EIS documents failed to take into account the impacts of diversion of polluted floodwaters by opening the Bonnet Carre' Spillway into the Mississippi Sound from Lake Ponchartrain, Lake Borgne and the Rigolets. Mississippi's Essential Fish Habitat in the Mississippi Sound should be evaluated regularly as the openings of the Bonnet Carre' Spillway directly affect our fish and oyster population, economy, tourism, governmental tax base, and thus our very culture. In 2009, an Environmental Impact Statement (EIS) for the Mississippi River-Gulf Outlet (MRGO), Louisiana, and Lake Borgne wetland creation and shoreline protection project was performed, but it, again, failed to take into account the diversion of polluted floodwaters into the Mississippi Sound from the Bonnet Carré Spillway into Lake Ponchartrain, Lake Borgne and the Rigolets; and
(d) That the Mississippi Legislature acknowledges that the environmental impacts tied to the recent operation of the Bonnet Carre' Spillway include decimation of oyster harvests, shrimp, blue crab, damage to Essential Fish Habitat in Mississippi, and algae blooms that closed the waters and beaches along the Gulf Coast affecting both Mississippi's economy and our way of life and causing substantial injury to Mississippi Public Trust Tidelands. Mississippi oyster beds and harvesting industry are currently lifeless with no resurrection in sight if the Bonnet Carre' Spillway openings continue to flood the Mississippi Sound with polluted floodwaters. Mississippi shrimp and other seafood industries and the Mississippi Coast tourism industry were also adversely affected.
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi is authorized to request the Court to retain jurisdiction over this matter to the extent necessary to ensure compliance with the Court's Opinion and Order and with applicable provisions of the Magnuson-Stevens Fishery Conservation and Management Act and to join such litigation to protect the citizens and fisheries of this State.
BE IT FURTHER RESOLVED, That this resolution be transmitted by the Secretary of the Senate to the Mississippi Attorney General, the Director of the United States Corps of Engineers, to each plaintiff in the aforementioned case, to the Mississippi Sound Coalition, the Executive Director of the Department of Marine Resources, the Executive Director of the Mississippi Department of Environmental Quality and to members of Mississippi's Congressional Delegation, and be made available to the Capitol Press Corps.