The Center for Biological Diversity (CB D) has sent the U.S. Army Corps of Engineers (Corps) a pre-suit notice letter, indicating that CB D will sue the Corps in connection with its issuance and reissuance of a total of 50 nationwide permits (NW P). Under an NW P, certain activities that result in placement of dredged or fill material in waters of the United States, and thus require a permit under Section 404 of the Clean Water Act (CW A), are authorized through a streamlined process. In some cases, no notice to the Corps is necessary before proceeding under an NW P, while other permits require notice before work begins.
According to CB D, the Corps was required to complete formal consultation with the National Marine Fisheries Service (NMFS ) and the U.S. Fish and Wildlife Service (FWS ) under the Endangered Species Act before issuing the permits. CB D also claims that the Corps did not complete such consultation and that the NW Ps cumulatively put endangered aquatic species at risk. CB D says it will seek a court order requiring an immediate halt to authorization of work under the NW P program, followed by consultation with NMFS and FWS before the permits may be reauthorized.