摘要: |
Environmental Law-Endangered Species. Environmental advocacy groups' claim against the Army Corps of Engineers and National Marine Fisheries Service (NMFS) for failure to reinitiate formal consultation under the Endangered Species Act (ESA) regarding the Corps' operation and maintenance of dams sought injunctive relief, and therefore was not moot, although the Corps and NMFS had already reinitiated formal ESA consultation; injunctive relief sought by advocacy groups could remedy the adverse effects of the Corps' unlawful taking of threatened species of salmonids caused by failing to implement reasonable and prudent alternatives (RPA) under the ESA, and declaratory judgment would put NMFS on notice that it must reinitiate consultation sooner when an agency substantially deviates from the RPA, or exceeds the permissible take limits.-Northwest Environmental Defense Center v. United States Army Corps of Engineers (D.Ore.), No. 3:18-cv-00437-HZ, August 17, 2020, Hernandez, J., 2020 WL 4756323. |