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
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.