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Monday, February 22, 2021 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 the lower court’s holding that the United States Army Corps of Engineers (Army Corps) violated the Clean Water Act and the National Environmental Policy Act (NEPA) when it issued NWP 48 in 2017. Industry also appealed the lower court’s order that vacated the permit and prior authorizations under it in Washington State and temporarily stayed vacatur in certain instances. The government notably did not appeal. In a short order, the Ninth Circuit affirmed the district court’s finding that the Army Corps failed to adequately explain its finding that the 2017 version of NWP 48 would have “no significant impact” under NEPA. The court concluded that the Army Corps’ reasoning behind issuing NWP 48 contradicted or d

United statesUnited states supreme courtArmy corpNational environmental policy actBiden administrationArmy corpsNinth circuitNationwide permitCommercial shellfish mariculture activitiesUnited states army corpsClean water actWashington stateFinal ruleSeaweed mariculture activitiesFinfish mariculture activitiesCongressional review