Center for Biological Diversity v. U.S. Maritime Administration

The Center for Biological Diversity (CBD) filed an Endangered Species Act citizen suit against the U.S. Maritime Administration (MARAD), the Secretary of Transportation, and the Acting Administrator of MARAD, alleging that MARAD’s adoption and continued implementation of America’s Marine Highway Program required programmatic consultation under Section 7 of the Endangered Species Act. The complaint also alleged that project-specific consultation was required for the James River Expansion Project, one of the actions funded through the Marine Highway Program, which was established by the Energy Independence and Security Act of 2007. Through the Program, MARAD provides grants to increase utilization of domestic freight and passenger transportation on marine highway routes between U.S. ports. CBD alleged that the Program funds activities that increase vessel traffic on waterways that provide essential habitat for protected species, and that the Program adversely affects protected species by contributing to climate change, including by subsidizing use of marine routes for fossil fuel transport.