Landmark Court Case Turns on Floodplain Development

The court ordered FEMA to adhere to the Endangered Species Act process, which could result in sweeping changes in federal development standards for floodplain activities.

In a landmark decision, a federal judge found the Federal Emergency Management Agency (FEMA) in violation of the endangered species act because it has ignored the impacts of its activities on threatened Chinook salmon in Puget Sound. The decision hinged on the fact that FEMA is, in effect, encouraging filling in floodplains by making federal flood insurance a prerequisite to floodplain development. The judge ruled that FEMA's regulations and the sale of insurance enable development in the floodplains. This reduces the amount of habitat available while creating additional impermeable surfaces that produce polluting runoff. This is the second legal win for salmon in as many weeks.