Environmental Organizations File Lawsuit Challenging the National Marine Fisheries Service’s Approvals of Enhancement of Survival Permits for Shasta River Landowners

September 2022

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11

On June 15, 2022, the Environmental Protection Information Center and Friends of Shasta River (collectively: plaintiffs) filed a complaint alleging that the National Marine Fisheries Service (NMFS) unlawfully issued four categories of documents related to the Shasta River and the Southern Oregon and Northern California Coast (SONCC) coho salmon:

(1) 14 Enhancement of Survival Permits (ESPs); (2) a Biological Opinion; (3) an incidental take statement; and (3) an Environmental Assessment.

In the documents, NMFS analyzed the issuance of the ESPs, which allow for incidental take of the SONCC coho salmon during specified conversation and agricultural activities. NMFS concluded that the actions would not jeopardize the species of adversely impact its habitat.

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