9th Circ. Upholds Vacatur Of Aquaculture Permit In Wash.
Law360 (July 23, 2020, 9:34 PM EDT) -- The Ninth Circuit on Wednesday rejected shellfish industry groups' effort to block implementation of a Washington federal judge's order partially vacating a nationwide Clean Water Act permit used for commercial shellfish aquaculture.
Taylor Shellfish Co. Inc. and the Pacific Coast Shellfish Growers Association argued that U.S. District Judge Robert Lasnik ignored scientific evidence that supports the U.S. Army Corps of Engineers' 2017 determination that Nationwide Permit 48 would only result in minimal environmental impacts. But the Ninth Circuit, in an order with no explanation, declined to overturn Judge Lasnik's June 11 decision to vacate the permit in Washington state.
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