Looking into the future the Pelican feeding its young from a self-induced wound in its own breast (as depicted, mysteriously, on the state flag of Louisiana) is accepted as an appropriate symbol of both self-sacrifice and rebirth. Through his selfless efforts, man is raised from the slavery of ignorance to the condition of freedom conferred by wisdom. Given the current state of affairs in Louisiana, one hopes that the understanding of the Pelican as a symbol shall point the way towards a new consciousness of ourselves as a whole, and lead us to face our futures with strength, grace, wisdom and faith, to learn from our mistakes and carry our successes and zest for living to future generations.

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UNITED STATES DISTRICT COURT NEW ORLEANS LOUISIANA

CIVIL ACTION NO. 75-3155 SECTION C

SAVE OUR WETLANDS, INC. (SOWL)

VERSUS

EDWARD H. LEVI, ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, COL. EARLY RUSH, COMMANDER, NEW ORLEANS DISTRICT, U.S. ARMY CORPS OF ENGINEERS AND WEBB HART, PRESIDENT OF ST. TAMMANY PARISH POLICE JURY

Jurisdiction

1. JURISDICTION OF THIS COURT IS INVOKED UNDER:
   1. 28 U.S.C. Sections 1343 (3) and (4).
   2. The National Environmental Policy Act of 1969 (hereinafter NEPA), 42 U.S.C. 4331, et seq.
   3. The Fish and Wildlife Coordination Act, 16 U.S.C. 661, et seq.
   4. The Rivers and Harbor Act of 1899, 33 U.S.C. 403.
   5. The Refuse Act of 1899, 33 U.S.C. 407.
   6. 28 U.S.C. 1361
   7. The Administrative Procedure Act, 5 U.S.C. 702 (a).
   8. Executive Order No. 11514, 35 Federal Register 4247.
   9. The Federal Water Pollution Control Act as Amended 1972, 33 U.S.C. 1151 et seq.

2. MANDATORY INJUNCTION

3. PARTIES
   10a. b.
   1. Plaintiffs. Save Our Wetlands, Inc. (SOWL) is a non-profit membership organization. The purposes of SOWL are to explore, enjoy, and preserve the state’s wetlands, estuaries, forest, waters, streams, wildlife and wilderness, especially but not necessarily limited to the Lake Maurepas, Pontchartrain, Catherine and Borgne estuary (MPCB). There are members of SOWL whose primary occupation is commercial fisherman. Their livelihood depends on the wetlands of Lake Pontchartrain and the continuation of the MPCB ecosystem.

   2. Defendants. Edward H. Levi is sued in his capacity as Attorney General of the U.S.A. His office has not taken the steps required by law to regulate the levying, draining, pumping, and dredging by the St. Tammany Police Jury of approximately 3,000 acres of Louisiana wetlands, waterbottoms and estuaries in violation of the Rivers and Harbors Act, Federal Water Pollution Control (FWPCA), and the National Environmental Policy Act (NEPA), in that area now known as eastern undeveloped portion of Eden Isles. There are questions on whether title to this property is vested as public owned waterbottoms under the Louisiana Constitution to the citizens of this State. The U.S. Army Corps of Engineers is an agency of the U.S. and a branch of the U.S. Army, 10 U.S.C., Section 1063.
      Colonel Early Rush is sued in his capacity as District Engineer, New Orleans Division, Corps of Engineers.
      St. Tammany Parish Police Jury is sued as governing authority of Drainage District No. 2.
      M.W. Hart is sued in his capacity as President of the St. Tammany Parish Police Jury.

4. COMPLAINT
   SOWL alleges under information and belief:
   11. Eden Isles is an area on the northern shores of Lake Pontchartrain and is bisected by interstate Highway 10 into areas commonly known as Eden Isles WEST and Eden Isles EAST.

   12
   1. Prior to 1927 Eden Isles area was under water and subject to the ebb and flow of the tide in large part. It thus was, with regard to the water-bottom, property of the State of Louisiana which was unalienable under the Louisiana Constitution of 1921. St. Tammany Parish and the Levee District No. 2, without the approval of the Congress of the United States required by Section 9 of the River and Harbors Act of 1899 for construction of dams, dikes, and levees, constructed a dam, dike, or levee along the shore of Lake Pontchartrain and back into the wetlands and commenced to pump the area dry. This work was also performed without benefit of a Corps of Engineers permit under Section 10 of the River and Harbors Act of 1899.

   2. Following the damming and diking of the Eden Isles area many portions of the area which had theretofore been slightly above sea level commenced to subside and recede with the result that the major portion of the area known as the eastern undeveloped portion of Eden Isles is below sea level.

   3. As a result of the depression of 1930’s, Drainage District No. 2 became inoperative as the landowners were unable to pay the taxes to operate the drainage district. The levees then fell in disrepair, broke, and a major portion of the area now known as the eastern undeveloped portion of Eden Isles became a part of the bed of Lake Pontchartrain, and thus ownership of these portions which had not theretofore been vested in Louisiana became the property of the State of Louisiana, and as waterbottoms of the State became inalienable under the Constitution of 1921.

   4. Drainage District No. 2 was re-activated during the early 1960’s and sometime in 1964, without benefit of an Act of Congress as required by Section 9 of the River and Harbors Act of 1899 and without benefit of a permit as required by Section 10 of the River and Harbors Act of 1899, diked off a large portion of the bed of Lake Pontchartrain, but that fact did not change the ownership of the lake bottom, as the State of Louisiana was prohibited from alienating the lake bottom by the Louisiana Constitution of 1921.
   13. Even though there was no Congressional authorization or permits under the Rivers and Harbors Act for the levees of Eden Isles, the Corps of Engineers in 1965 used the taxpayer’s money to repair and maintain these illegal levees.
   14. No public hearings were conducted by the Corps and no Environmental Impact Statement within the meaning of Section 102 of the National Environmental Policy Act of 1969 has been prepared. No permits under the Federal Water Pollution Control Act have been issued.
   15. No permits or Congressional authorization exists for levees, dams, dikes, and dredging activities in this area. Also, there are no permits under Federal Water Pollution Control Act for dredging and pumping activities on aforesaid eastern portion.
   16. Because of heavy rains in approximately May, 1974, there was a break in the illegal levee system constructed by the St. Tammany Police Jury. Therefore, this eastern portion recently flooded, but was pumped partly dry by the Police Jury, discharging stagnant water into Lake Pontchartrain. During this time, they were also cutting a canal, dredging and depositing huge mounds of spoil into Lake Pontchartrain in this eastern portion. This work was proceeding in violation of Rivers and Harbors Act and Federal Water Pollution Control Act.
   17. After making public comments on February 20, 1975, that the U.S. Attorney General’s office would protect the public interests in matters related to Eden Isles, the U.S. Attorney General is presently permitting the St. Tammany Parish Police Jury to dredge and maintain a canal, dump spoil, and to drain and destroy Louisiana wetlands and public owned waterbottoms in the eastern portion of Eden Isles. This work is being performed without permits under the Rivers and Harbors Act and Federal Water Pollution Control Act.
   18. In August of 1975, the officers and directors of Save Our Wetlands, Inc. learned that St. Tammany Parish Police Jury is now dredging in the area known as Eden Isles East dumping spoil in Lake Pontchartrain.
   19. Plaintiffs allege that the acts of the defendants in this matter are a pattern, practice, and procedure, resulting in massive illegal destruction of Louisiana wetlands, waterbottoms, and estuaries within the Lakes Maurepas, Pontchartrain, Catherine, Borgne (MPCB) ecosystem.
   20. The approximately 3,000 acres of wetlands in the eastern portion of Eden Isles are part of the interrelating units of the MPCB ecosystem, Lake Maurepas, Pontchartrain, Catherine and Borgne estuary system of approximately 47,000 acres so that the eastern portion of Eden Isles constitutes more than 7% of the MPCB ecosystem.
   1. The estuary formed by Lakes Mauepas, Pontchartrain Catherine and Borgne in Louisiana is a vast resource invaluable both for its commercial and recreational uses.

   2. This MPCB estuary is presently on the verge of ecological collapse due to man’s indiscriminate development.

   3. The MPCB estuary is in immediate need of a regional, cumulative environmental impact statement, and a moratorium should exist in all permits and developments affecting the MPCB estuary for a period of at least 30 months.
   21. Plaintiffs have no adequate remedy in law as the United States Army of Engineers and the United States Attorney General, who are delegated and authorized to enforce the provisions of the law are failing to enforce the law in the Lake Maurepas, Pontchartrain, Catherine and Borgne ecosystem by permitting indiscriminate development dredging, pumping, levying and draining of the eastern portion of Eden Isles without environmental impact statement, and the authorization and permits required by the Federal Water Pollution Control Act, The National Environmental Protection Act, the Wildlife Coordination Act, and the Harbors and Rivers Act of 1899.
   22. Notice of intent to sue under Section 505 of the Federal Water Pollution Act has been given.

WHEREFORE, plaintiff respectfully requests that this Court enjoin the St. Tammany Parish Police Jury, and the United States Army Corps of Engineers and its agents or assigns from any further levying, draining, pumping and dredging of the eastern portion of Eden Isles and that they further be enjoined from issuing any further permits or permitting any further illegal dredging and filling until a regional cumulative environmental impact statement prepared, until the proper permits and authorization has been obtained under the Rivers and Harbors Act of 1899, the Refuse Act of 1899, The Fish and Wildlife Coordination Act, and the Water Quality Improvement Act. Petitioners further pray that they be awarded one half of all fines levied against defendants in violation of Section 10 of the Rivers and Harbors Act as provided in 33 U.S.C. Section 411 et seq. Petitioner further pray for reasonable court cost and attorney’s fees.

Respectfully submitted,

Plauche F. Villere, JR.
Charles Carretson
Attorneys for SOWL

STATE OF LOUISIANA
PARISH OF ORLEANS

BEFORE ME, the undersigned authority personally came and appeared Mary Halpin, as President of SOWL, who being duly sworn did depose and say that all the facts and allegations contained therein are true and correct to the best of her knowledge and belief.

MARY HALPIN
As President of SOWL

SWORN TO AND SUBSCRIBED
BEFORE ME, THIS 6TH
DAY OF October, 1975.

NOTARY PUBLIC