Posts tagged ACOE.
Posted in Consultation
NWP 12 Back in Play, Mostly

Today, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers (Corps) failed to engage in a programmatic Endangered Species Act (ESA) section 7 consultation when the Corps reissued NWP 12 in 2017.  The case arose out of the controversy over the Keystone XL Pipeline. The effect of the court’s prior ruling vacated NWP 12 in its entirety and enjoined its use to authorize impacts to waters of the United States under the Clean Water Act.  NWP 12 ...

In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions regarding the impact of dams, hydropower facilities, and water diversions along the Yuba River on listed fish species, the spring-run Chinook salmon (Oncorhynchus tshawytscha), the Central Valley steelhead (Oncorhynchus mykiss), and the North American green sturgeon (Acipenser medirostris).  In so doing, the court addressed a number of issues that may arise ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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