Considering The Difference: Treaty Rights And NEPA Review

Law360, New York (August 29, 2016, 4:07 PM EDT) -- Bart J. Freedman

Benjamin A. Mayer The U.S. Army Corps of Engineers recently denied a Section 404/10 permit for the construction of a deep-water export terminal and related project infrastructure off the coast of Washington state. The Corps denied the permit because it found the project would have a greater than de minimis impact on the treaty fishing rights of the Lummi Nation. The U.S. House Committee on Oversight and Government Reform has since asked the Corps to explain why it considered the Lummi's fishing rights separate and distinct from the ongoing environmental review process for the project and to produce...

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