Fish and Game to sue Army Corps over alleged Endangered Species Act violations on levees
Lake County News
02/07/2012
The California Department of Fish and Game on Tuesday issued notice of its intent to sue the United States Army Corps of Engineers.
The Department of Fish and Game notified the Corps that it failed to comply with the federal Endangered Species Act when it adopted a national policy requiring the removal of virtually all trees and shrubs on federal levees.
The Corps reportedly developed its national levee vegetation removal policy in the wake of Hurricane Katrina.
The action against the Corps alleges that its national policy fails to account for regional variations among levees. As early as 1955, the Corps encouraged and even required the planting of trees and shrubs on California levees.
Studies conducted in 1967, 1999 and 2008 by California confirm that native riparian vegetation are compatible with flood control and that such vegetation can often act to minimize damage during a flood event.
The Corps’ own studies from 1991 and 1999 reportedly confirm that post-damage flood rates for levees containing woody vegetation were lower than levees with no vegetation.
The Department of Fish and Game said it is confident that the Corps' flood concerns can be met in a regional variation allowing this unique riparian habitat.
Only 5 percent of the Central Valley’s original riparian forest remains and it would be required to be removed under the Corps’ policy, the Department of Fish and Game said.
In addition to providing scenic beauty and recreational enjoyment for people, riparian habitat is 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.
