US District Court, Western District of Washington

 

Intervenor

 

In this matter, the plaintiffs, National Wildlife Federation (NWF), claim that issuing flood insurance without fulfilling consultation requirements jeopardizes the Puget Sound Chinook salmon in the Pacific Northwest. Furthermore, they are seeking to enjoin FEMA from issuing any flood insurance for new development until consultation is complete. On December 16, 2003, the court granted NAHB's (including HBA of Kitsap County, Skagit-Island Counties BA, Piazza Construction, Skagit County, Island County and Washington Association of Realtors) motion to intervene. The plaintiff filed its initial summary judgment brief on January 23, 2004.

 

On November 15, 2004, the court decided that FEMA did not have to consult over its issuance (or a third parties issuance) of flood insurance. Judge Zilly clearly stated that the issuance of flood insurance is a “non-discretionary” action and therefore consultation is not required. Therefore, FEMA (or third parties) will continue to offer flood insurance in the Pacific Northwest. The Judge did, however, require FEMA to consult over other parts of its program. FEMA has decided not to appeal this decision, but we hope to work with FEMA on the consultation.