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Ecological Rights Foundation v. Federal Emergency Management Agency

ELR Citation: 49 ELR 20083
Nos. 17-cv-02788-JD, (N.D. Cal., 05/15/2019) (Donato, J.)

A district court granted environmental groups' motion to set aside FEMA's biological evaluation to determine whether proposed revisions to the National Flood Insurance Program would affect species and habitats protected under the ESA. The groups argued that FEMA wrongfully failed to consider effects that construction or other development in floodplain areas might have on listed species and habitats, and that the agency should have consulted with NMFS and FWS about possible jeopardy to such species and habitats. The court found that FEMA acted arbitrarily and capriciously in failing to consider the effects of floodplain development, and set aside the evaluation and remanded to FEMA for further consideration. Ecological Rights Foundation v. Federal Emergency Management Agency, No. 17-cv-02788-JD, 49 ELR 20083 (N.D. Cal. May 15, 2019) (Donato, J.).