Facts

Plaintiff Ecological Rights Foundation filed a complaint against defendant Federal Emergency Management Agency in relation to a biological evaluation published by defendant.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was wrong to ignore floodplain development issues and should have consulted with the National Marine Fisheries Service and the Fish and Wildlife Service about possible jeopardy to listed species and habitats.

DEFENDANT'S CONTENTIONS: Defendant contended that it had no role in issuing or denying local permits for floodplain development so no federal action could be present to trigger Section 7.

Result

The court concluded that because the record established that the Federal Emergency Management agency acted arbitrarily and capriciously in excluding floodplain development from the Endangered Species Act evaluation, plaintiff's motion for summary judgment is granted and defendant's motion is denied.