The U.S. Federal Court for the Western District of Washington has ruled that the U.S. Army Corps of Engineers’ permit authorizing finfish aquaculture in federal waters is unlawful.
“This is a vital victory in the battle for the future of our oceans,” Center for Food Safety Legal Director George Kimbrell, who represented the organizations suing the government, said. “We are [grateful] that the court has commanded that federal regulators cannot unlawfully stick their heads in the sand about industrial aquaculture’s significant adverse impacts and, instead, must rigorously analyze them before deciding whether to move forward.”
The court found that the Corps didn’t adequately assess the adverse effects finfish aquaculture could have on the environment in its permitting process.
“Because the Corps narrowed its [environmental assessment] to disclose but not account for many foreseeable effects, its findings of minimal effects and no significant impacts are insufficiently supported and explained,” the court stated in its opinion.
The court further ruled that the permits violated multiple federal laws, including the National Environmental Policy Act and the Rivers and Harbors Act.
Introduced in 2021, the Corps’ permitting system would have allowed for finfish aquaculture in federal waters.
Several environmental organizations sued to block the permitting system as unlawful in 2022, including Center for Food Safety, Don’t Cage Our Oceans, Wild Fish Conservancy, the Quinault Indian Nation, Los Angeles Waterkeeper, San Diego Coastkeeper, Santa Barbara Channelkeeper, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, and Recirculating Farms Coalition.
“This decision represents a significant achievement for wild fish and marine ecosystems across the United States,” Wild Fish Conservancy Executive Director Emma Helverson said. “The entire U.S. Pacific Coast has already taken steps to exclude or ban net pens from all state marine waters. The court’s ruling not only aligns with scientific evidence and legal standards, but it supports the public’s ongoing efforts to safeguard our nation’s vital ecosystems from this outdated and dangerous industry.”