It is written. The Settlement between the Army Corps of Engineers and the Dauphin Island Property Owners' Association has been approved and is in effect.
A team of four qualified experts will conduct an impact study, to be completed in the next 12 months. The intent of the study is to determine whether the corps' dredging practices have a negative impact on Dauphin Islands' shoreline. If the study finds the corps' dredging to be harmful to Dauphin Island's shoreline the Army Corps of Engineers will have 18 months to formulate a project to mitigate current damage and prevent future erosion.
Summary of the Major Terms of the Settlement
Rather than providing a monetary remedy to class members, the Settlement contemplates studying the causes of the erosion and, if the Corps’ construction or maintenance practices are determined to have caused erosion, to then implement measures aimed to replenish the beachfront and prevent further wearing away of the shoreline. Upon certain conditions, the Corps has agreed to modify its dredging disposal practices. Instead of disposing of the dredged material from the Channel into the historically designated locations in the Gulf of Mexico south of Dauphin Island, the Corps will dispose of the material in two areas nearer the shores of Dauphin Island. Naturally occurring conditions and currents of the Gulf Coast may, according to at least one theory, move or transport the material to the shores of Dauphin Island. In addition, the placement of this dredged material in these areas nearer the shore may help diffuse the energy of waves, both ordinary and those produced by hurricanes, that would normally hit Dauphin Island. This may help lessen and could perhaps prevent further erosion of the shoreline. The Corps may be temporarily relieved from this obligation to use nearer shore disposal sites when shallow draft equipment is not available when the work is advertised for bid, in emergency channel shoaling situations, and certain other circumstances justifying such relief. These new dredging practices are already in place. Any benefit to the shoreline from this change in dredging practices is expected to occur over a lengthy term, and is subject to scientific study and confirmation.
The second component of the Settlement was the principal topic of the negotiation. All of the parties to the agreement have conferred and agreed upon a team of four highly qualified engineers to perform an “impact study.†This study will attempt to discover if there is a measurable impact on the Dauphin Island shoreline which can be attributed to the Corps’ dredging practices. The study will proceed in stages. The entire impacts study will be completed within twelve months of the execution of a feasibility cost sharing agreement.
If the study shows that the Corps’ dredging practices had no effect on Dauphin Island (a finding of negative impact), plaintiffs will dismiss the litigation with prejudice, subject to a provision that allows the parties to participate in alternative dispute resolution (“ADRâ€). The ADR process requires a heightened burden of proof. If the plaintiffs do not, in this circumstance, succeed in the ADR process, they will dismiss the litigation with prejudice. Notwithstanding a study result of negative impact, the Corps may in its own discretion declare the results inconclusive. In the latter instance, the process will move into the feasibility study phase.
If the impact study finding is positive, the Corps will, through the next phase of the process (called the feasibility study), formulate a project within eighteen months of that finding to mitigate the prior and prevent future erosion. If the Corps identifies and selects a mitigation project that falls with Section 111's statutory limit of $7,692,302.69, the Corps must begin construction of the project within 24 months. If the selected project is not achievable within that funding limit and (a) if Congress does not approve and appropriate funds for the selected plan within 36 months after the Corps’ selection of it, or, alternatively, (b) if Congress does appropriate funds for the plan but the Corps fails to begin construction within 24 months of Congress’ approval and funding, plaintiffs may reactivate the litigation.
You can get a pdf copy of the entire court order at the Dauphin Island Property Owners' Association web site