213Conducting the Environmental Impact Analysis and Assessment
the record as to the basis for the Corps’ employee’s opinion on potential
mussel infestation or the qualications of the employee who made the state-
ment. Without documentation for the opinion, lack of stated qualications
of the employee, and the absence of pursuing opposing expert opinions
by Dr.Neves and others, the court found the decision was not supportable
under NEPA and section 404 regulations and case history. The Corps had
failed the “hard look” test mandated by practice and NEPA litigation.
The USCG DCR and the U.S. Army Corps/NRCS North Fork EISs’ treatment
of invasive mussels illustrate two ends of the impact prediction spectrum.
The Corps’ telep ...