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Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial Shellfish Aquaculture

On February 11, 2021, the Ninth Circuit upheld the district court’s decision vacating Nationwide Permit (NWP) 48, Commercial Shellfish Mariculture Activities, in Washington State. As previously discussed, industry appealed...more

Idaho Congressman Proposes “Salmon and Energy Concept” To Breach Lower Snake River Dams

On February 6, 2021, Rep. Mike Simpson (R-ID) proposed legislation that would breach four dams on the Lower Snake River while requiring the power, transportation, and irrigation benefits of the dams to be replaced and...more

Federal Court Vacates Nationwide Permit 48 for Local Commercial Shellfish Growers

In yet another setback for the Army Corps of Engineers’ Nationwide Permit program, a June 11, 2020 federal court ruling vacated NWP 48 for commercial shellfish aquaculture in Washington State. Center for Food Safety v. U.S....more

Déjà Vu: EPA, Army Corps Take First Step to Redefine “Waters of the U.S.”

Last week EPA and the U.S. Army Corps of Engineers announced that they again will be taking the first step in the long-awaited rulemaking process to redefine the scope of “waters of the United States” (WOTUS) under the...more

Rewetting the Ink on Washington’s Industrial Stormwater General Permit: Significant Modifications Coming Down the Pipes

The Washington Department of Ecology (Ecology) released the draft 2020 Industrial Stormwater General Permit (ISGP) for public comment. The draft permit contains a number of changes from the existing ISGP, including adding two...more

Cooke Aquaculture to Pay Full Penalty for Cypress Island Net Pen Collapse

On August 19, 2017, one of Cooke Aquaculture’s largest facilities in Washington—a ten-cage net pen off Cypress Island—collapsed, resulting in the release of 243,000 to 263,000 non-native Atlantic salmon into Puget Sound....more

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