DFG Signals Intent to Sue over Corps Levee Policy

The California Department of Fish and Game (DFG) today issued notice of its intent to sue the U.S. Army Corps of Engineers for failing to comply with the federal Endangered Species Act when it adopted a national policy requiring removal of trees and shrubs on federal levees.

DFG notified that Corps that its national policy would require the removal of riparian habitat essential for several endangered species, including Chinook salmon, Central Valley steelhead, Valley elderberry longhorn beetle, riparian brush rabbit, Western yellow-billed cuckoo and Swainson’s hawk.

The Corps developed its national levee vegetation removal policy in the wake of Hurricane Katrina. According to DFG, the policy fails to account for regional variations among levees and the fact that several studies conducted by California confirm that native riparian vegetation on levees is compatible with flood control.

Approximately 1,600 miles of federal project levees along the Sacramento and San Joaquin rivers and tributaries are likely to be affected by the Corps’ policy, according to DFG. Several miles of federal levees in the Bay Area and Southern California would also be affected.

In total, compliance with the policy is estimated to cost up to $7.5 billion and divert funds from more significant levee deficiencies like seepage and erosions, according to DFG. Despite years of roundtable discussions between DFG, the Corps and other state, federal and local entities, DFG’s concerns over removing the riparian habitat remain unaddressed.

DFG’s suit would seek to have the Corps comply with the federal ESA, the National Environmental Policy Act and the federal Administrative Procedure Act before further implementation of the levee vegetation removal policy.

Further information is available here.