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May242012
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DFG Sues Army Corps of Engineers to Protect Fish and Wildlife
Corp policy to remove cover along California levees threat to fish and wildlife
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 Yesterday, the California Department of Fish and Game (DFG) sued the United States Army Corps of Engineers (Corps).
DFG claimed in its lawsuit that the Corps failed to comply with the
federal Endangered Species Act, National Environmental Policy Act, and
federal Administrative Procedure Act when it adopted a national policy
requiring the removal of virtually all trees and shrubs on federal
levees. The Corps developed its national levee vegetation removal policy
in the wake of Hurricane Katrina.
The Corps' 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. In fact, the
Corps' own studies from 1991 and 1999 confirm that post-damage flood
rates for levees containing woody vegetation were lower than levees with
no vegetation. DFG is confident that the Corps' flood concerns can be
met in a regional variation allowing this unique riparian habitat.
Only five percent of the Central Valley's original riparian forest
remains and the Corps' new policy would eliminate it entirely. 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.
Approximately 1,600 miles of federal project levees along the Sacramento
and San Joaquin rivers and tributaries are likely to be affected by the
Corps' policy. Several miles of federal levees in the Bay Area and
Southern California would also be affected. Compliance with the new
policy is estimated to cost the state up to $7.5 billion and divert
funds from more significant levee deficiencies such as seepage and
erosion. Despite years of roundtable discussions between DFG, the Corps
and other state, federal and local entities, DFG's concerns over
removing the riparian habitat remain unaddressed.
DFG's mission is to manage California's diverse fish, wildlife and plant
resources, and the habitats upon which they depend, for their
ecological values and for their use and enjoyment by the public.
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