Why was a low-lying area which is extremely susceptible to flooding during hurricane tidal surges marked for housing development? The government subsidized this development and ignored the laws passed to protect and preserve wetlands. Today thousands of homes are situated on this low-lying tract of land and are subsidized by federal flood insurance which is paid for by our tax dollars. This area will inevitably flood and when it does your tax dollars will go to compensate the homeowners in this area for millions of dollars in property damage. None of this would be necessary if the Army Corps of Engineers had not illegally assisted and promoted the development of this flood prone area. The history of development in this area is best summarized in a letter written by Arthur Lemann IV.
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The history of the development of this area begins with the construction of interstate I-10. Following I-10 across Lake Pontchartrain heading north towards Slidell, I-10 sliced through an area called Grand Lagoon and through the wetlands of New Orleans East. The I-10 interstate began construction in the early 1960's, and the project was completed in the 1970’s. In those days wetlands were meant to be destroyed and drained for the profit of the land owner. Looking back today there is no doubt that the construction of interstate I-10 was a horrible mistake. In order to provide a proper hurricane evacuation route for the citizens of New Orleans during a flooding-hurricane emergency the interstate should have been elevated. The construction of I-10 promoted land development in flood prone areas.
In the wetlands of New Orleans East there was a proposed development called the Orlandia subdivision consisting of 28,000 acres of wetlands. These wetlands were owned by wealthy Texas oil barons and the brother of the mayor of New Orleans. Naturally, these landowners wanted to get these wetlands drained by the government so that they could then build profitable subdivisions.
The construction of I-10 greatly aided them in these efforts. I-10 cut right through the middle of these wetlands and under the administration of United States President Lyndon B. Johnson cloverleafs were constructed leading into these wetlands.
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At this time the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA) had just been passed. Under the National Environmental Policy Act an Environmental Impact Study (EIS) is required whenever a proposed action has the potential to significantly affect the quality of the human environment. Under the Clean Water Act, the construction of the extensive interior canal system in Eden Isles necessitated permits.
During this time Save Our Wetlands is still a young organization with little or no environmental experience but this Eden Isles development, on the north shore of Lake Pontchartrain in St. Tammany Parish, Slidell, Louisiana, caused her to investigate. In the spring of 1974, Save Our Wetlands made a phone call to the United States Army Corps of Engineers, New Orleans Division and talked to an employee in the permitting section named Charley Decker. Save Our Wetlands inquired whether or not the Corps issued a permit, for the 2,600 acre development taking place in the Eden Isles western portion of the north shore area in Slidell Louisiana. Save Our Wetlands was told that the Corps issued a permit and in fact the permit was issued a long time ago. Save Our Wetlands then called Michael Osborne the attorney for the Delta Chapter of the Sierra Club. Michael Osborne informed Save Our Wetlands that the permit was not issued many years previously but had in fact just been issued recently.
Save Our Wetlands then went to the Army Corps of Engineers New Orleans office, located on the Mississippi River near Audubon Park. Save Our Wetlands requested to see the permitting file for the Eden Isles subdivision. After review of the file Save Our Wetlands noticed that it contained potentially damaging and incriminating internal memos.
In those days when the Corps issued a permit they did not have to make it public. There was a memo about a clandestine meeting on the Gulf Coast of Mississippi in which the Corps was pressured to issue the Eden Isles permit. There were letters to the Corp from Louisiana Congressmen Hale Boggs, F. Edward Herbert, and Senator Russell Long, putting pressure on the Corps to issue the Eden Isles permit. All of these men were very powerful Louisiana politicians.
F. Edward Hebert was a Louisiana Congressman for over 30 years, and eventually served as Chairman of the U.S. Armed Services Committee. Hale Boggs was the House Majority Speaker and Russell Long was a tool for the powerful oil and gas industry. In fact, the land developers of the Eden Isles subdivision were powerful Louisiana Politicians including the ex-Lieutenant Governor of Louisiana and his law partner. From these revelations it is obvious that political muscle was being placed upon the Corps to issue a permit for the Eden Isles subdivision.
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When Save Our Wetlands finally receives a copy of the file all of the incriminating internal memos have been removed from the file, Save Our Wetlands then goes to Mike Osborne of the Delta Chapter of the Sierra Club to see if they would act as plaintiff in a case against the Corps of Engineers and the developers of the Eden Isles subdivision. Mike Osborne was unbelievably helpful and useful. However, the issue was submitted to the Board of Directors of the Sierra Club to see if they would litigate this matter. The Board of Directors of the Sierra Club voted not to act as a plaintiff in a lawsuit against the Corps of Engineers and the Eden Isles developers.
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Behind the scenes of the formation of Save Our Wetlands was an ex-bombardier pilot named Joe Burgess. Joe Burgess was also the Director of the U.S. Fish and Wildlife Service for this section of Louisiana. He supplied Save Our Wetlands with internal U.S. Fish and Wildlife letters written to the U.S. Army Corps of Engineers, New Orleans Division notifying the Corps of illegal dredging activities in the Eden Isles subdivision. These letters were further documentation of the illegal and criminal diking and damming of navigable bodies of waters in Eden Isles by land developers without the necessary permits under the U.S. Rivers & Harbors Act. Joe Burgess and Save Our Wetlands were allies in protecting and preserving the wetlands of Louisiana and exposing the criminal activities of the U.S. Army Corps of Engineers.
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In New Orleans at the time there were two newspapers the Times-Picayune which came out in the morning and the States-Item which came out in the afternoon. They were under two different ownerships. In 1974 the Times-Picayune was considered ultra-conservative while the States-Item was considered more liberal. The lawsuit made the headlines of the States-Item and it was also covered by the local television news media.
This lawsuit argued that Lake Pontchartrain was not an isolated lake but was rather part of a larger aquatic ecosystem called the Lakes Maurepus Pontchartrian Catherine Borgne (MPCB) ecosystem. If viewed as such a development of any land surrounding these four lakes would require a regional and cumulative Environmental Impact Study under the National Environmental Policy Act. This lawsuit also requested that the Corps issue a moratorium forbidding the issuance of any more permits in the Lakes Maurepus, Pontchartrian, Catherine, Borgne ecosystem until a regional and cumulative Environmental Impact Study was conducted under the National Environmental Policy Act. The lawsuit also requested that the interior canal system be included under the Clean Water Act. Save Our Wetlands was hoping for the federal judge to order a special grand jury investigation of this entire matter and that the Corps of Engineer's and defendants be ordered to compensate, rebuild and restore the environmental-economical destructive chaos that they had reaped upon Louisiana's coastal domain.
The Save Our Wetlands lawsuit filed in the U.S. District Court Eastern Division, New Orleans, Louisiana was assigned to U.S. District Judge Blake West. Judge Blake West assigned the matter to be heard by U.S. Magistrate Morey Sear. The directors of Save Our Wetlands felt like their request was going to be met. However, during this trial before United States Magistrate Morey Sear, Save Our Wetlands attorneys were threatened to be disbarred if they attempted to expose the fact that there were incriminating internal documents which Joe Burgess had in his possesion at the time. These internal documents were confiscated by the assistant U.S. Attorney, and no special grand jury was granted. A Save Our Wetlands attorney went privately to Chief U.S. District Court Judge Herbert Christenberry and complained about the threats and intimidation experienced by the plaintiffs during the hearing before U.S. Magistrate Morey Sear. Save Our Wetlands requested a special grand jury be appointed to investigate all aspects of this case. Judge Herbert Christenberry expressed great concern and said he would talk to the U.S. Magistrate Morey Sear about this matter but did not grant a special grand jury. Save Our Wetlands then filed a motion to recuse the U.S. Magistrate Morey Sear in this matter, but this motion was denied.
During the trial, there were approximately nine corporate lawyers arguing against one Save Our Wetlands attorney. They attempted to prove that the attorney acted unethically by forming the Save Our Wetlands corporation to file this lawsuit in order that he might later obtain attorney fees. The attorney was threatened by these corporate attorneys. They ordered that there should be a deposition hearing, so that they could possibly uncover unethical actions committed by the Save Our Wetlands lawyer. They intended to report the attorney to the Louisiana Bar Association regarding these matters, in order to get him disbarred or disciplined. However, they were unable to prove any unethical conduct by the Save Our Wetlands attorney.
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Similar internal canal systems constructed in Florida subdivisions were known to create anaerobic and septic conditions which can decimate aquatic populations. The ruling of laches prevented these factors from ever being considered. Laches was an ideal way to dismiss this case without having to consider the facts. After the ruling of laches Save Our Wetlands Inc. filed a motion for a special grand jury incamera privately and personally before Cheif Judge of the United States District Court, New Orleans Division with Judge Herbert Christianberry. Judge Christianberry refused to grant a special grand jury and stated he would talk privately to U.S. Magistrate Morey Sear. Magistrate Sear ruled laches and Judge Blake West then confirmed this ruling. All these judges had an opportunity as early as 1975 to act as savoirs and guardians of this once vast 5,200 acres of the richest estuaries and wetlands in the once state of Louisiana.
Judge Blake West had a history of ruling laches in environmental cases. The very first environmental lawsuit filed in the New Orleans area concerned a proposed interstate cutting through New Orleans’ City Park and was tried in front of Judge Blake West. An established case law coming out of Memphis Tennessee stated that such proposed interstates through city parks had to find alternative routes. The lawsuit opposing this interstate was filed well before the interstate approached the park or construction in the park. But, Judge Blake West ruled laches. The destruction of City Park and 5,200 acres of wetlands is Judge Blake West’s legacy. May he rest in peace. Save Our Wetlands nominates Judge Blake West as the ‘King of Laches’ with United States Magistrate Morey Sear as 'Queen of Laches'.
The Louisiana State Attorney General at the time of the filing of this lawsuit was William “Billy” Guste. In conjunction with the federal issue of NEPA and the Clean Water Act there were also issues under the Louisiana State Constitution and the Louisiana Civil Code. These laws state that navigable water bottoms are not susceptible to private ownership. However, the Guste family owned large tracts of wetlands. There was an obvious conflict of interest in his presiding over a case in which he deemed that Eden Isles land did not belong to the state of Louisiana but was rather subject to private ownership. This ruling also protected his ownership of similar wetlands. Nonetheless, Save Our Wetlands did put pressure on Guste to declare this land unsusceptible to private ownership under the Louisiana Constitution. However, Louisiana State Attorney General William Guste disregarded Save Our Wetland’s argument. Eventually, Save Our Wetlands did discover that an assistant state attorney general did write an internal memo agreeing that portions of the Eden Isles subdivision were in fact navigable bodies of water and unsusceptible to private ownership.
The developer of Eden Isles was also involved in the building concrete bulkheads, on the north shore of Lake Pontchartrain, without the proper permits from the Louisiana State Land Office and the U.S. Army Corps of Engineers. William Guste turned a blind eye to the construction of these bulkheads and permitted the destruction of the shore of Lake Pontchartrain in violation of the Louisiana Constitution and Civil Code. Save Our Wetlands Inc. nominates ex-Lousiana State Attorney General William "Billy" Guste as 'No Permit Billy'.
Louisiana State Attorney General William Guste rather than getting into the issue of water bottom ownership ordered an investigation and study be done of the interior canal system in regard to its anaerobic and septic potential. This study presented an illusion of victory for Save Our Wetlands and Louisiana environmentalists. The study was conducted by Dr. Paul Wagner, a staff member of Burke & Associates. Dr. Paul Wagner concluded that these canals were similar enough to those constructed in Florida, which turned anaerobic and septic, to merit concern. Regardless, of this scientific study the development of Eden Isles continued.
During the trial Save Our Wetlands presented two scientific experts, Dr. John Day and Dr. Paul Templet. Dr. Paul Templet was director for the Center of Wetland Resources at Louisiana State University, in Baton Rouge, LA and Dr. Day was an estuary ecologist also at the Center for Wetland Resources. These two experts testified that the wetlands destroyed by the Eden Isles subdivision were part of the larger Lakes Maurapas, Pontchartrain, Catherine, Borgne ecosystem. They indicated that Lake Pontchartrain was on the verge of ecological collapse and that once this collapse occurred it would be very difficult and costly to reverse. They stressed the need for a regional cumulative environmental study of the Maurapas, Pontchartrain, Catherine, Borgne ecosystem. They urged the court to issue a moratorium against the Corps of Engineers permit issuing powers in the Maurapas, Pontchartrain, Catherine, Borgne ecosystem until such a study was conducted. All of this was ignored in court because of the laches ruling and the real issues were never explored.
As a result of this lawsuit the Federal Bureau of Investigation met with Save Our Wetlands and other key environmentalist in the New Orleans community. Complaints were heard concerning the activities of the U.S. Army Corps of Engineers in the development of the Eden Isles subdivision. However, Colonel Early Rush of the U.S. Army Corps of Engineers was not punished for his role in these activities. In fact, he was promoted to become the Lieutenant Governor of the Panama Canal.
The original Save Our Wetlands attorney involved in the Eden Isles litigation became exhausted. The case was taken over by New Orleans attorney Plauche Villere Jr. Mr. Villere appealed the case to the United States Fifth Circuit Court of Appeals and eventually to the U.S. Supreme Court. The U.S. Supreme Court reaffirmed Judge West’s decision of laches and the case was lost.
During this time New Orleans attorney Plauche Villere Jr. was able to stop the Corps of Egineers from issuing a permit for a proposed cloverleaf into the undeveloped eastern section of Eden Isles. The pressures placed by Save Our Wetlands in stopping this cloverleaf and development on the eastern undeveloped portion of the Eden Isles subdivision, eventually drove the corporate landowner bankrupt. Save Our Wetlands then filed another lawsuit in the State Court of Covington, Louisiana alleging that this undeveloped 2,600 acre eastern tract was unsusceptible to private ownership under the Louisiana Constitution and Civil Code, which prohibits the private ownership of navigable water bottoms.
The most important result of Save Our Wetland’s Eden Isles lawsuits was to stop the same type of illegal development from happening in the wetlands of New Orleans east. After meeting with the FBI, Save Our Wetlands sent a telegram to the New Orleans U.S. Army Corps of Engineers, requesting all of the illegal dredging activities occurring in New Orleans east cease, until such time as the Corps conducts an aerial survey of the area for the purposes of identifying and designating wetlands. In other words, until such time as the Corps identifies, which portions of New Orleans east, are wetlands and require permits before development under the appropriate state and federal laws.
In response the Corps flew their own wetland ecologist, Glen Montz, over the area in question, in New Orleans east. Glen Montz privately confided to Save Our Wetlands that he was pressured into designating only those areas as wetlands which sided with the interest of future developers. However, in spite of such pressures Glenn Montz did the job he was hired to do. The Glenn Montz survey stopped the proposed 28,000 acre Orlandian subdivision in the wetlands of New Orleans east. Also this allowed the Delta Chapter of the Sierra Club, under the leadership of Ms. Stuart Phillips and Dr. Barry Kohl Conservation Committee Chairman of the Orleans Audubon Society, to establish the Bayou Savauge National Wildlife Refuge in the wetlands of New Orleans east.
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The Save Our Wetlands attorney realized that if a lawsuit was not filed immediately against the Corp in regards to this proposed Hurricane Barrier Project the merits of the case would never be heard. The judge would be quick to rule laches just as he did in the Eden Isles case. As a result of this attorney’s previous experience in the Eden Isles litigation with United States Magistrate Morey Sear and United States Judge Blake West, laches rulings. A new Save Our Wetlands lawsuit was filed promptly in order to avoid a laches ruling. Under the Clean Water Act and National Environmental Policy Act the Corps has been forced to issue itself a permit in order to begin construction of the Hurricane Barrier Project. The Corps stated in their Environmental Impact Study report, filed in compliance with the Clean Water Act, that the proposed Hurricane Barrier Project would not affect the salinity or velocity flow of Lake Pontchartrain. Save Our Wetlands would later prove this to be an outright lie.
The Save Our Wetlands attorney went to Louisiana State Representative Edward “Eddie” Booker and asked for his support in opposing the proposed Hurricane Barrier Project. Eddie Booker offered the help of his administrative assistant Doug Clifford to assist in this litigation against the Corps’ Hurricane Barrier Project. Eddie Booker also enrolled as co-counsel with Save Our Wetlands on this lawsuit. Save Our Wetlands files this lawsuit just a week after the Corps issued themselves a permit under the Clean Water Act.
The case was filed in U.S. District Court, Eastern District of Louisiana, New Orleans Division and assigned to Judge Charles Schwartz. After the suit was filed the Assistant U.S. Attorney on behalf of the Corps filed a motion to dismiss Save Our Wetland’s suit based on laches. Judge Schwartz ruled in favor of Save Our Wetlands stating that Save Our Wetlands filed the suit immediately after the Corps issued itself a permit and no construction of the barriers had actually began. Therefore, laches did not apply.
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The Hurricane Barrier Project had a number of segments that should be discussed. One was the proposed barrier/dam from Fort Pike to the other end of the Rigolets. This barrier/dam was the major controversy. The citizens and politicians of St. Tammany Parish, in Slidell, opposed the Hurricane Barrier Project. They viewed it as an environmental threat to Lake Pontchartrain and as a flood threat to Slidell and St. Tammany Parish. They feared that water would top the dam and then would not be able to escape thus causing devastating flooding, in St. Tammany Parish. Ed Scogin, the State Representative of Slidell Louisiana, was the most vocal opponent of the proposed Lake Pontchartrain Hurricane Barrier Project.
In conjunction with the barrier/dam proposed as hurricane protection the Corps planned to drain the wetlands of New Orleans East. The Corps tied the draining and subsequent development of the wetlands of New Orleans East into its list of economic benefits as a result of the Hurricane Barrier Project. They actually put this economic benefit analysis in their Environmental Impact Study under the National Environmental Policy Act. Their economic benefit analysis was absurd. How is it an overall economic benefit to build housing developments in an extremely flood susceptible area? This type of development is extremely costly to taxpayers. Why did the government subsidize the developers of these flood prone housing developments despite their susceptibility to flood and the valuable wetlands that were being destroyed which potentially could affect the long-term ecological health of Lake Pontchartrain? Could it be that the wetlands of New Orleans East were owned by a wealthly Texas oil-baron in cahoots with United States President Lyndon B. Johnson?
A local key supporter of this pork-barrel land development project was the Orleans Levee Board, under its director Guy Le Mieux. (Civil/State lawsuit filed against the President of the Orleans Levee Board, Guy Le Mieux) Unfortunately, for Mr. Le Mieux he had to get the voters of New Orleans to come up with matching funds to share in the costs of developing the wetlands of New Orleans East. The Orleans Levee Board spent thousands of dollars in an attempt to convince voters to fund the development of the wetlands of New Orleans East during two separate elections. Despite the propaganda of the Orleans Levee Board during these elections the voters of New Orleans defeated the bond issues both times. However, in spite of the voters’ disapproval of their development plan, the Orleans Levee Board continued to push for the development of New Orleans East and the destruction of the wetlands contained therein. The Orleans Levee Board should have been concerned with protecting people from floods. But instead they were pushing to develop subdivisions in flood prone areas against the wishes of the people, who they were supposed to be representing.
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One of the most absurd aspects of the Corps Lake Pontchartrain and Vicinity Hurricane Barrier Project was the proposal to drain ~10,000 acres of wetlands in New Orleans East, near the New Orleans International Airport and build levees to promote housing development in this flood prone area. The most immediate result of SOWL’s litigation regarding this matter was that the Corps withdrew its proposal to drain these ~10,000 acres in New Orleans East. However, it should be noted that today in the year 2004 there are again plans to drain these same wetlands to build a new St. Charles International Airport in place of the Louis Armstrong International Airport. In 2003 there were three letters witten in reference to the draining these wetlands for the airport.
One was written to the U.S. Army Corps of Egineers New Orleans District.
The second to Department of the Army New Orleans District Corps of Engineers, Regulatory Function Branch.
And the third to the Louisiana Department of Environmental Quality Office of Environmental Services.
What the Corps really wanted was the construction of the billion dollar barrier/dam across the Rigolets at Fort Pike, and the hundreds of millions of dollars in dredging contracts it would create.
U.S. District Court Judge Charles Schwartz refused to dismiss Save Our Wetland’s case based on laches as the Assistant U.S. Attorney argued it should be. After Judge Schwartz ruled against the Corps’ motion for laches, the Assistant U.S. Attorney assured the court that construction on the Hurricane Barrier Project would not begin without first notifying the court and Save Our Wetlands. The Corps stated that they were still in the process of formulating construction plans for the barriers and were approximately one year or more away from construction.
This gave Save Our Wetlands time to do a number of things. Save Our Wetlands met with Louisiana State Representative Ed Scogin, of Slidell, who then arranged for Save Our Wetlands to meet with the attorney of the St. Tammany Parish Police Jury. Save Our Wetlands presented all the legal work that it had accumulated and typed up a draft of a lawsuit and legal proceedings and asked the St. Tammany Parish Police Jury to join Save Our Wetlands as a plaintiff in this litigation. Thankfully, the St. Tammany Parish Police Jury joined Save Our Wetlands as a plaintiff. So, thanks to Ed Scogin, Save Our Wetlands no longer stood by itself against the Army Corps of Engineers but now had local political muscle standing with it in this litigation. Also, Dr. Barry Kohl arranged a meeting between Save Our Wetlands and Environmental Defense Fund (EDF) Attorney Jim Tripp of New York. The EDF also joined Save Our Wetlands as a plaintiff in this case.
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Also, Doug Clifford, administrative assistant of Louisiana State Representative Edward “Ed” Booker, began to work on the case full-time. Ed Booker obviously realized the importance of preserving these wetlands for future generations and for the ecological health of Lake Pontchartrain. During this time, Doug Clifford meticulously inspected all of the Corps documents relating to the proposed Hurricane Barrier Project. The quality of Doug Clifford and Ed Booker’s work was outstanding and it eventually paid off. Another key player that joined Save Our Wetlands, in this litigation, was Professor Vernon Valentine Palmer, of Tulane University Law School. Professor Palmer dissected the cost benefit analysis presented by the Corps in their Environmental Impact Study relating to the land enhancement values of building housing developments in the flood prone wetlands of New Orleans East. Professor Vernon Palmer also exposed the part the Orleans Levee Board played in promoting housing development, in a flood prone area. These actions by the Orleans Levee Board are in direct conflict with their chartered purpose which is to protect the lives and economic well-being of Louisiana’s citizens from flood.
Approximately one year passed since the lawsuit was filed. In this time Save Our Wetlands assembled documents, additional plaintiffs, and an expert team of lawyers. Remember that the Assistant U.S. Attorney stated in open court and on the record to Judge Schwartz that the Corps of Engineers would not begin work on the Barrier Project without first notifying the court and Save Our Wetlands attorneys. Save Our Wetlands had approximately 50 members in the New Orleans East area who were fisherman and commercial crab men. Several of these members called Save Our Wetlands and notified her that large dredging and draining operations were underway in the wetlands of New Orleans East adjacent to where the propose barrier was going to be constructed. Save Our Wetlands called Judge Schwartz and informed him of this activity. Judge Schwartz ordered all parties involved in the pending litigation to immediately appear before him in court. The Assistant U.S. Attorney admitted to Judge Schwartz that dredging and draining operations had begun on the Corps’ Hurricane Barrier Project. The Assistant U.S. Attorney apologized profusely to the judge. He stated that he was not notified by the Corps that the construction activities had begun. The Assistant U.S. Attorney was lied to and misled by his clients the U.S. Army Corps of Engineers, New Orleans Division.
As a result of these revelations, Judge Charles Schwartz ordered Save Our Wetlands to immediately prepare papers to file for an injunction on the entire Hurricane Barrier Project. The Assistant U.S. Attorney promised his clients would immediately cease all construction activities. So, an injunction case was set to be heard with in the next 5 days. All of this occurred right before Christmas in 1977. This type of operation occurring right before the holiday season is typical of how the Corps operates.
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Ed Booker starts to work 18 and 20 hour shifts combing the thousands of documents relating to this case. Jim Tripp, of the Environmental Defense Fund, arranges for a key scientific expert on Lake Pontchartrain to be flown into New Orleans to testify that the proposed Hurricane Barrier Project would change the salinity and velocity flow of Lake Pontchartrain. Professor Vernon Palmer presented excellent documentation refuting the land assessment value presented by the Corps in their cost benefit analysis. He also pursues the issue of the Orleans Levee Board promoting the development in spite of voters’ rejection of the proposals. During trial, Save Our Wetlands presented employees of the U.S. Fish and Wildlife Service who are opposed to this project. The attorney for the St. Tammany Parish Police Jury sat at the plaintiffs’ table during this injunction trial and provided local political backing.
During the trial Save Our Wetlands attempted to serve Guy Le Mieux, the president of the Orleans Levee Board and a local proponent of the proposed Hurricane Barrier Project, but he was on vacation out of the state. Guy Le Mieux sent Save Our Wetlands a postcard from a ski resort in Aspen, Colorado, which said “Sorry I can’t be there, I wish you well. Sincerely yours, your friend Guy Le Mieux.” Save Our Wetlands also served Colonel Early Rush from the U.S. Army Corps of Engineers. When Save Our Wetlands attempted to put him on the stand the Assistant U.S. Attorney informed Judge Schwartz that the Colonel was presently airborne. Judge Schwartz ordered that the plane land immediately and that the Colonel appear in court immediately. Colonel Early Rush eventually appeared and was forced to answer many embarrassing questions about this pork-barrel project.
One of the star witnesses that can be given credit for Save Our Wetland’s victory, in obtaining an injunction against the Corps Hurricane Barrier Project, was the testimony of the Corps’ own wetland biologist Glen Montz. Remember, Glen Montz was the key Corps personnel flown over the wetlands of New Orleans East to identify and designate wetlands, in the proposed area of development. Designating this area as ‘wetlands’ would force the Corps to stop the development of the area until they obtained the proper permits under the Clean Water Act. The aerial surveillance occurred after Save Our Wetlands met with the FBI in complaints against the illegal Eden Isles development, and after Save Our Wetlands sent a telegram to the Corps requesting such aerial surveillance and to cease all illegal dredging and draining operation occurring in the wetlands of New Orleans East. .
Montz stated privately to Save Our Wetlands that much pressure was placed upon him to bias his assessment. However, Montz did his job and that is why we have the Bayou Savauge National Wildlife Refuge today, in the wetlands of New Orleans. Glen Montz came before Judge Schwartz on Save Our Wetland’s behalf to halt the construction of the U.S. Army Corps of Engineers one billion dollar Lake Pontchartrain Vicinity and Hurricane Barrier Project. When Colonel Early Rush issued the permit for the Hurricane Barrier Project, he stated that it would not affect the salinity or velocity flow of Lake Pontchartrain and that Glen Montzs' assesment convinced him of this fact. But, Montz’s internal Corps memo states that this project will in fact affect the salinity and velocity flow of Lake Pontchartrain. According to Montz, the Corps changed the official public record to say that this project might affect the salinity and velocity flow of Lake Pontchartrain based on his report. Without providing any justification for their revision of his original wording the Colonel Early Rush concluded, on his own, and also without scientific justification that the Hurricane Barrier Project would not affect the salinity or velocity flow of Lake Pontchartrain. In other word the Corps lied to the public and changed the opinion of its expert to serve its own interest.
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The United States Army Corps of Egineer's Lake Pontchartrain and Vicinity Hurricane Barrier Project had the potential to make Lake Pontchartrain a stagnant body of water, which would have negatively affected its productivity. Under the guise of hurricane protection, this project was not only going to destroy Lake Pontchartrain but was in fact going to drain the wetlands of New Orleans East and promote development in these newly drained areas, regardless of the fact that they would have been highly susceptible to flooding due to hurricane tidal surges. This project was also going to create hundreds of millions of dollars in dredging contracts for F. Edward Herbert political supporters and for the cronies of the Orleans Levee Board. Judge Charles Schwartz ordered the Corps not to intimidate, threaten, or in any way jeopardize the job security of Glen Montz, for telling the truth.
After three days of testimony and hearing Judge Charles Schwartz stated from the bench that Save Our Wetlands and St. Tammany Parish Police Jury had proven their case and ordered defendants to sit down and negotiate with plaintiffs a type of solution and compromise. Save Our Wetlands spent an entire day communicating with counsel for the defendants in attempting to obtain a compromised injunction on these barriers. This discussion lasted into the night. At 10 p.m. all parties met in Judge Charles Schwartz chambers Save Our Wetlands was of the impression that the defendants would agree to cease all of their operations on the construction of the Hurricane Barrier Project.
In the chambers of Judge Charles Swchartz were 12 people. The judge sat at the head of the table with an unlit cigar in his mouth. Also at the table was Colonel Early Rush and his entourage in full military regalia. Gerald Gallinghouse, the U.S. Attorney was also present. Gerald Gallinghouse was the ex-head of the Orleans Levee Board and was a a wheeler and dealer in the good 'ol boy political system of New Orleans. Lake Pontchartrain used to flow all the way to Robert E. Lee Blvd. When Gerald Gallinghouse was head of the Orleans Levee Board he wheeled and dealed for the draining and developement of the New Orleans lake front area now devastated by hurricane Katrina thanks to the "good 'ol boy" Gerald Gallinghouse. Therefore, Gallinghouse was and is a proponent of draining wetlands for housing developments in flood plains and putting money into the pockets of greedy politicaly connected developers.
During the trial, Gallinghouse was no where to be seen. However, now at this late hour, he sits at the table next to military men and with the coats and ties of many Orleans Levee Board members and their attorneys. Physically Gerald Gallinghouse is quite obsese and overbearing and he is one slick New Orleans politico--a real Nixon man--and an a__ kisser. Gallinghouse now as the U.S. Attorney of the New Orleans Eastern District attempts to use his political-judicial power to influence the proceeding inside Judge Charles Schwartz's chamber. Gerald Gallinghouse is determined to get the 28,000 wetlands of New Orleans Est drained for the Texas oil baron land developers. We all know today that hurricane Katrina devastated this area of New Orleans East. If Gerald Gallinghouse had his way 60,000 more homes would have been constructed in Orlandia which would have been destroyed as well and possibly thousands of lives lost. If Gerald Gallinghouse had his way hurricane Katrina would have topped these barriers and St. Tammany Parish would be sitting in a stagnant cess-soup bowl. Gerald Gallinghouse had his way in the Lakefront area of New Orleans, and thanks to Gerald Gallinghouse hundreds of homes were flooded in the Lakefront area.
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Judge Charles Schwartz was of the opinion that agreement and compromise would be negotiated. Save Our Wetlands and their counsel were also of the same opinion that the defendants would agree to stop construction of the Barrier Project without the necessity of a court ordered injunction. Judge Charles Schwartz begins to back down and to back track.
At this point the Save Our Wetlands attorney jumps up and points his finger at Judge Charles Schwartz, and the judge says something very weird. He says, “I know what the problem is, it's that you do not like me.” The Save Our Wetlands attorney goes right up to the Judge’s cigar, pointing his finger and says to the Judge Charles Schwartz, “it is not that I don’t like you it is that I am losing respect for you”. The Save Our Wetlands attorney, kicks open the chamber door, and enters the courtroom cursing profusely, to a courtroom packed with people. He then kicks open the courtroom door and goes immediately to his apartment and collapses; he had not slept in three days.
At 8 a.m. he gets a call that he is to appear in Judge Charles Schwartz’s courtroom at 9 a.m. The Save Our Wetlands attorney thinks that he will be held in contempt and taken into custody by U.S. Marshals. Upon arrival Judge Charles Schwartz reads the injunction.
Judge Charles Schwartz orders the Army Corps of Engineers to do a new Environmental Impact Study on the Lake Pontchartrain and Vicinity Hurricane Barrier Project. During the trial one of the key arguments of Save Our Wetlands was that alternative hurricane protection measures should be considered including building up preexisting levees. The new EIS conducted by the Corps concludes that building up the existing levees is in fact a better alternative to the Hurricane Barrier Project.
Judge Charles Schwartz's judgement on behalf of co-plaintiffs St. Tammany Parish Police Jury did not preclude the Corps Hurricane barrier plan.
"The foregoing opinion should in no way be construed as precluding the Lake Pontchartrain project as proposed or reflecting on its advisability in any manner. The Court’s opinion is limited strictly to the finding that the environmental impact statement of August, 1974 for this project was legally inadequate. Upon proper compliance with the law with regard to the impact statement this injunction will be dissolved and any hurricane plan thus properly presented will be allowed to proceed".
New Orleans, Louisiana, this 30th day of December, 1977.
JUDGE CHARLES J. SCHWARTZ JR.
Order- Judge Schwartz's Decision 1977