In 2014 the Army Corps of Engineers (ACE) proposed a groin project off Bald Head Island to help keep the mouth of the Cape Fear River open to Port of Wilmington shipping traffic. After conducting an Environmental Assessment, the ACE commissioned and published a draft Environmental Impact Statement (EIS). The AEC published their EIS in the Federal Register.

After reviewing the draft EIS, the Ocean Mammal Protection Association is concerned about the impact of the groin on the Florida Manatee, a listed species under the Endangered Species Act found in North Carolina estuary waters. Feeling that the impacts of 3 of the 5 alternatives proposed (including "no action") did not scientifically address the negative impact of the project on manatees, OMPA files a law suit for judicial review with the Federal District Court for Eastern North Carolina.

What is the court's response to the law suit (and why)?

Select one:

a.

The court dismisses the case because ACE had not committed its final agency action

b.

The court hears the case to determine whether ACE took a hard look at the consequences of all project alternatives to manatees

c.

The court dismisses the case because NEPA has no citizen suit provision

d.The court dismisses the case because OMPA - as an environmental organization - cannot have standing