33 C.F.R. § 337.7

Emergency actions

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After obtaining approval from the division engineer, the district engineer will respond to emergency situations on an expedited basis, complying with the procedures of this regulation to the maximum degree practicable. The district engineer will issue a public notice describing the emergency in accordance with § 337.1, if such a notice is practicable in view of the emergency situation; such a public notice should be forwarded to all appropriate Federal and state agencies. The district engineer should prepare a section 404(b)(1) evaluation report and, as necessary, an environmental assessment, if this is practicable in view of the emergency situation. If comments are received from the public notice which, in the judgment of the district engineer, reveal the necessity of modifying the emergency operation, the district engineer should take appropriate measures to modify the emergency operation to reduce, avoid, or minimize adverse environmental impacts. If the district engineer, after receiving comments from the public notice, determines that the emergency action would constitute a major Federal action significantly affecting the quality of the human environment, he should, after consultation with the division engineer, coordinate with the Council on Environmental Quality about alternative arrangements for compliance with the NEPA in accordance with 40 CFR 1506.11 to the extent that it is practicable in view of the emergency situation. District engineers should consult with the appropriate state officials to seek water quality certification or waiver of certification, and should certify that the Federal action is consistent to the maximum extent practicable with an approved coastal zone management plan for emergency activities, to the extent that is practicable in view of the emergency.

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Surf & Env't Conservation Coalition v. Dep't of the Army United States, 322 F. Supp. 2d 126 (D.P.R. 2004).

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Surf & Env't Conservation Coalition v. Dep't of the Army United States, 322 F. Supp. 2d 126 (D.P.R. 2004). “” *136 The Corps argues compliance with the public notice and other requirements to be discussed below, by invoking regulatory provisions relevant to emergency situations, such as 33 CFR 337.7. The short answer to that is that during the evaluation process previous to the open…”

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