1
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NATIONAL COUNCIL OF NEGRO WOMEN, PLAINTIFFS
EDUCATION, ECONOMICS, ENVIRONMENTAL,
CLIMATE AND HEALTH ORGANIZATION,
HEALTHY GULF and SIERRA CLUB Case No.: ______________
v.
PETER BUTTIGIEG and
U.S. DEPARTMENT OF TRANSPORTATION DEFENDANTS
PLAINTIFFS’ ORIGINAL COMPLAINT
I. BACKGROUND
1. As explained further in this complaint, the U.S. Department of Transportation is
subsidizing a money-losing project that has the express purpose of encouraging the destruction
of designated Aquatic Resources of National Importance. The DOT has done this without
informing the public of all of the consequences for the human environment, and has refused to
consider less damaging alternatives. This violates the Administrative Procedure Act (“APA”), 5
U.S.C. §§ 701-706, and the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et
seq. As a consequence Sierra Club, National Council of Negro Women, Education, Economics,
Environmental, Climate and Health Organization, and Healthy Gulf bring this action for
declaratory, injunctive, and other relief.
2. For well over a decade the City of Gulfport has encouraged commercial
development of a large predominantly wetland area in the Turkey Creek watershed adjacent to
the U.S. 49 and I-10 interchange. The wetlands in this part of the Turkey Creek watershed
provide vital flood protection, wildlife habitat and other functions, and as a consequence were