July 29, 2008

lawsuit/60-day notice filed over Navy's operations in Puget Sound

By lawsuit/60-day notice filed over Navy's operations in Puget Sound

Yesterday the Public Employees for Environmental Responsibility and the Wild Fish Conservancy filed a complaint against the United States Navy.  The lawsuit alleges that the Navy has failed to comply with the National Environmental Policy Act because Explosive Ordnance Disposal training operations in Puget Sound are being conducted without having first completed environmental reviews required under NEPA.

In addition, the lawsuit asks the United States District Court for the Western District of Washington to mandate completion of a Biological Opinion pertaining to these activities, as endangered salmon and murrelets live in or near water where the training activies take place.  The lawsuit alleges that the failure to complete the Biological Opinion violates the Administrative Procedure Agency because of undue delay. 

A 60-day notice for Endangered Species Act violations has also been filed.  The notice alleges ESA violations for the same activities, and suggests that the Navy has violated the ESA by conducting EOD training operations without having first completed Section 7 consultations.

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