NPS Assertion: The document is “a valid EIS”
In defending itself in the case brought against it for its wrongdoing, the government refers to purported evidence about the oyster-farm’s damage to the environment contained in the NPS FEIS. This is the same document that then-Secretary Salazar went out of his way to say he did NOT rely on because of its known-to-be-flawed data—yet the government is relying on that same data in court.
DBOC Assertion: The FEIS is clearly NOT valid
In addition to its unreliable content, some of which has been contested in formal scientific misconduct complaints, the FEIS is not legally valid. It was not filed with the EPA, there is no Record of Decision, and the required 30-day public comment period was not honored—all of which is required by the NEPA process.