Group Threatens ESA Challenge to MARAD “America’s Marine Highway Program”

On July 27, 2021, the Center for Biological Diversity (“CBD”) submitted a notice of intent (“NOI”) to sue the U.S. Department of Transportation Maritime Administration (“MARAD”) for failing to complete programmatic and project-specific Section 7 consultations under the Endangered Species Act (“ESA”) for the America’s Marine Highway Program (“Program”). 

MARAD adopted the Program to expand the use of America’s navigable waterways by, among other things, providing grants to purchase materials, equipment, facilities, and vessels.  CBD alleges that the Program will increase vessel traffic on marine highways with ESA-listed species and designated critical habitat and therefore may affect those species and that habitat. Based on this, CBD asserts that the ESA requires MARAD to conduct programmatic and project-specific Section 7 consultations to ensure that neither the Program as a whole nor any individual project will jeopardize the continued existence of any ESA-listed species or adversely modify designated critical habitat.

CBD’s NOI is available here and will become actionable on September 27, 2021.  

If you have any questions about the NOI or other ESA issues, contact Good Steward Legal at insights@goodstewardlegal.com.

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