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Don’t Cage Our Oceans v. U.S. Army Corps of Engineers

Filing Date: 2022
Case Categories:
  • Federal Statutory Claims
    • Endangered Species Act and Other Wildlife Protection Statutes
  • Federal Statutory Claims
    • NEPA
  • Constitutional Claims
    • Other Constitutional Claims
  • Federal Statutory Claims
    • Other Statutes and Regulations
Principal Laws:
Administrative Procedure Act (APA), Property Clause, Outer Continental Shelf Lands Act (OCSLA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA), Magnuson-Stevens Act, Rivers and Harbors Act
Description: Challenge to the U.S. Army Corps of Engineers’ issuance of Nationwide Permit 56 authorizing industrial finfish aquaculture structures in federal waters.
  • Don’t Cage Our Oceans v. U.S. Army Corps of Engineers
    Docket number(s): 2:22-cv-01627
    Court/Admin Entity: W.D. Wash.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/14/2022 Complaint Download Complaint filed. Lawsuit Challenged Nationwide Permit for Industrial Finfish Aquaculture. A lawsuit filed in the federal district court for the Western District of Washington challenged the U.S. Army Corps of Engineers’ issuance of Nationwide Permit 56 authorizing industrial finfish aquaculture structures in federal waters. The plaintiffs asserted that the Corps’ issuance of the permit exceeded its powers under the Constitution’s Property Clause, the Outer Continental Shelf Lands Act, and the Rivers and Harbors Act (RHA) and violated the RHA, the Administrative Procedure Act, the National Environmental Policy Act (NEPA), the Endangered Species Act, and the Magnuson-Stevens Act. The alleged violations under NEPA included that the decision document did not fully assess the incremental impact of permitting finfish aquaculture nationwide, combined with other existing and foreseeable impacts from other activities, including climate change.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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