CBD to sue Corps over NWPs’ effects on listed species

OK, our original headline was a bit ahead of its time. I blame CBD for announcing it had “launched federal litigation today.” Well, it began the process, and given past history, it’s likely they will follow through.

The Center for Biological Diversity served notice of a large legal challenge, sending the Army Corps of Engineers a 60-day notice of intent to sue over the nationwide permit program.

According to the center’s press release, “In a formal notice of intent to sue filed today under the Endangered Species Act, the Center informed the Corps that it has failed to structure its nationwide permit program to ensure that it will not threaten endangered species and their habitats around the country.”

“The Center’s legal notice echoes concerns from the National Marine Fisheries Service’s 2012 report [its Biological Opinion on the reissuance of the NWPs] that found the Corps has failed to ensure its nationwide permit program does not jeopardize a host of endangered species, including salmon and a number of other fish species, sea turtles, corals, whales and other marine mammals; many species under the jurisdiction of the U.S. Fish and Wildlife Service are also of concern — conservancy fairy shrimp, plants like the Howell’s spectacular thelypody and Suisun thistle, Salt Creek tiger beetles, red wolves and Florida panthers, for instance.”

Links

• Press release (8/16/2012)
• NOITS (from ESWR)
• The NMFS Biological Opinion mentioned in the release
• CBD’s last 10 releases:

• August 16, 2012 – New Study: Citizens Play Crucial Role in Identifying Species That Need Endangered Species Act Protection
• August 16, 2012 – Government Urged to Conduct New Review of Arctic Drilling After Coral Discovery in Shell’s Drill Zone
• August 15, 2012 – Endangered Species Act Protection Proposed for Six West Texas Invertebrate Species
• August 14, 2012 – Industry Lawsuit Attacks Science, Sustainability on National Forests
• August 14, 2012 – Northeast Mountain Songbird Threatened by Climate Change Moves Closer to Federal Protection
• August 14, 2012 – Twenty-four Conservation Groups Call on President Obama to Maintain Federal Protections for Wolves in Pacific Northwest
• August 13, 2012 – Endangered Species Act Protection Sought for Great White Sharks off West Coast
• August 9, 2012 – Feds to Shoot Endangered Mexican Wolf
• August 8, 2012 – California Department of Fish and Game Approves Petition to Protect Gray Wolves Under California Endangered Species Act
• August 7, 2012 – Two Southern Arizona Plants Move Toward Endangered Species Act Protection

Text of release