On August 13, 2009 U.S. District Court Judge Ricardo Martinez ruled in favor of Preserve Our Islands appeal of the Army Corps Permit. The Judge’s decision invalidated the Federal permit and remanded the issue back to both the Army Corps of Engineers and the National Marine Fisheries Services.
To read the Judge’s decision click here
In his decision - which found that in issuing the Corps permit for dock construction the Federal Agencies had violated the Endangered Species Act and the National Environmental Policy Act - Judge Martinez noted that what was missing in the proposed projects previous evaluation was “science”.
With his determination that the barging facility would both adversely affect endangered species and significantly impact other important environmental functions, Judge Martinez had directed the Corps and NMFS must now undertake rigorous and science based analysis of the proposed project - including the development of a Federal Environmental Impact Statement and formal consultation under the Endangered Species Act. The ability of the Corps to reinstate the permit after these complex evaluations is highly unlikely.
This was a victory not only for Maury Island but for all of Puget Sound.