FEMA Settles Dispute Over Alleged ESA Violation in Delta

Nossaman Partner Paul Weiland was quoted in the Greenwire article "FEMA settles dispute over alleged ESA violation in delta." The article details a settlement concerning the Federal Emergency Management Agency's oversight of flood management in the Sacramento-San Joaquin River Delta, which was approved by U.S. District Judge Lawrence O'Neill yesterday.

Mr. Weiland, who represents the plaintiffs, said his clients were pleased that "after two years of litigation FEMA finally recognized that it cannot continue to ignore its obligation to comply with the Endangered Species Act."

The case centered on claims by the Kern County Water Agency and the Coalition for a Sustainable Delta that FEMA violated the Endangered Species Act through its administration of the National Flood Insurance Program by failing to consult with the National Marine Fisheries Service and U.S. Fish and Wildlife Service over the effects of the program on four listed endangered species.

As part of the settlement, FEMA has agreed to carry out the necessary consultation and will also pay the plaintiffs for attorneys fees.