Sea Grant Law Center & MS/AL Sea Grant Legal Program
 

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Water Log 18.2

Coastal Debate
 

Though evidence of gambling can be traced as far back in history as the ancient Egyptians, Chinese and Greeks, it has only recently once again become legal in Mississippi. In June of 1990, casino gambling became legal in Mississippi. In the past eight years, casinos have developed along the three coastal counties of Mississippi, Harrison, Hancock and Jackson, and in the counties along the Mississippi River. In order to open a casino gaming operators must go though several permitting and licensing steps. These steps include getting a licenses from the Mississippi Gaming Commission and getting permits from several environmental agencies. When applying for environmental permits from the United States Army Corps of Engineers (Corps), it is not unusual for an Environmental Impact Statement (EIS) to be ordered. The Corps has issued twenty-three permits to Casinos, and until recently EISs have only been ordered for individual casino sites, though environmentalist have for years called for a "Coast-wide" EIS to be performed.

The Corps receives its power to issue permits under Section 404 of the Clean Water Act. The individual permit process normally takes about three months. In Mississippi, a casino may submit a five page federal/state application which the Corps, the Bureau of Marine Resources and the Office of Pollution Control, which is supervised by the Mississippi Department of Environmental Quality, all will use. Once the Corps obtains a copy of the permit application, they must send out notification of its request and solicit comments from whomever is interested. The Corps then holds a hearing and determines whether or not to issue a permit.

Recently, the Corps issued an individual permit to Circus Circus Casino only to later revoke it due to pressure from environmental groups. Subsequently the permit was reinstated. The suspension of the Circus Circus permit is seen as the action which brought about the recent decision by the Corps to seriously consider undertaking a "Coast-wide" EIS. This year, Michael L. Davis, deputy assistant secretary of the Civil Works Office of the Department of the Army, stated that until a EIS "has been completed, all pending and future permits for casino development in Harrison and Hancock counties will be temporarily suspended." It has been estimated that this study will take up to two years. The EIS would only effect those sites which are "relatively pristine, undeveloped, or residential areas of bay systems, their tributaries, and certain Gulf islands, such as Deer Island." Also, the EIS would not effect casino sites which have already been issued permits. The order would delay several casinos which are already planned for the coast but have not yet gotten permits.

The Corps' decision to do an EIS has been met by opposition and praise both locally and nationally. Senator Trent Lott went so far as asking the Corps to re-evaluate doing the study. Due to all of the opposition the Corps' decision has faced they have agreed not to act until they have received an official order from Washington to proceed with the EIS.
 

 

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