Their lawsuit originally contended the project needed a permit under the state's Pollution Control Act. But on Monday, environmental groups in two states asked to amend the complaint, seeking a declaration the project is subject to all applicable laws.
The plaintiffs noted the Army Corps of Engineers has said the project can continue regardless of state law and that's resulted in an unfair evaluation of the project by state regulators who may think that opposing the deepening is futile.
The plaintiffs say that the court ruling on their favor would allow a fair review.





