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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />13. A <br />County Attorney's Matters - B. C.C. 4.17.18 <br />Oce of <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: April 8, 2018 <br />ATTORNEY <br />SUBJECT: All Aboard Florida Army Corps of Engineers Record of Decision <br />BACKGROUND. <br />On March 23, 2018, the United States Army Corps of Engineers (the "Corps") issued its Record of <br />Decision ("ROD") with respect to the proposed All Aboard Florida project. The Corps prepared its own <br />ROD for the Department of Army permit application to discharge fill material into waters of the United <br />States for construction of Phase II of the All Aboard Florida project from West Palm Beach to Orlando. <br />As part of its analysis, the Corps adopted the United States Department of Transportation Federal Railroad <br />Administration's ("FRA") FEIS, issued in August 2015. <br />On December 19, 2017, the Indian River County Board of County Commissioners (the "Board") <br />authorized the County Attorney's Office to file a lawsuit against the FRA in conjunction with issuance of <br />the FRA ROD, which was issued on December 15, 2017. On February 13, 2018, Indian River County, <br />Martin County and CARE -FL filed a lawsuit against the United States Department of Transportation and <br />FRA, claiming the FRA ROD did not comply with the requirements of NEPA and that the private activity <br />bonds authorized to be issued, were illegal. Since the Corps ROD relies on the FRA's ROD, the County <br />Attorney's Office recommends that the Board authorize the County Attorney's Office to amend the <br />existing complaint to include the Corps or if more advantageous, file a separate action against the Corps, <br />raising similar allegations. <br />Although, both approaches could increase the costs of the pending litigation, the increase will be limited <br />as the crux of the matter is still the deficiency of the FRA ROD. <br />A U1/—q 'ndMGEKERAUD C CUg-d. Ak,-AACOCRODA - <br />182 <br />