Pacific Northwest
Meegan M. Reid, Kitsap Sun

WA - Groups Again Sue Army Corps to Protect Washington's Coastal Areas and Endangered Species from Industrial Shellfish Operations

Today, Center for Food Safety (CFS) and Coalition to Protect Puget Sound Habitat filed a lawsuit in federal court to stop the U.S. Army Corps of Engineers (Corps) from continuing the excessive expansion of industrial shellfish operations without considering the cumulative impacts to Washington’s rich and diverse coastal waters.

WASHINGTON -

Today, Center for Food Safety (CFS) and Coalition to Protect Puget Sound Habitat filed a lawsuit in federal court to stop the U.S. Army Corps of Engineers (Corps) from continuing the excessive expansion of industrial shellfish operations without considering the cumulative impacts to Washington’s rich and diverse coastal waters. Industrial shellfish operations adversely affect Washington’s shorelines and estuaries by destroying critical habitat for numerous species, including endangered and threatened salmon and killer whales. These operations harm Washington’s aquatic and nearshore areas by increasing plastic netting and debris, microplastics, pesticides, and disturbances in the environment.

“Despite clear statutory mandates and a previous court decision requiring the government to fully consider the potential impacts of proposed shellfish operations, the Corps continues to ignore its duties by allowing industrial shellfish operations to degrade important aquatic habitats, including through the use of plastics and pesticides, endangering Washington’s shorelines, biodiversity, and surrounding communities,” said Amy van Saun, senior attorney at CFS.

In the complaint filed today in the U.S. District Court for the Western District of Washington, plaintiffs argue that the nationwide permit (NWP 48 of 2021) authorizing commercial shellfish operations in Washington violates several federal environmental protection laws, including the Clean Water Act (CWA), National Environmental Policy Act (NEPA), Endangered Species Act, and Administrative Procedure Act. The complaint also challenges the Corps’ unlawful use of “Letters of Permission” (LOP) to approve industrial shellfish operations without public notice or comment and without considering their overall cumulative impacts.

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