A proposed settlement. (Briefly Noted).(National Association of Home Builders, Marine Fisheries Service and the Endengered Species Act)(Brief Article)

Land Use Law Report, March, 2002

A PROPOSED SETTLEMENT of a lawsuit by the National Association of Home Builders (NAHB) against the National Marine Fisheries Service (NMFS), filed in the U.S. District Court for the District of Columbia this week, would have the federal agency rescind the critical habitat designation for 19 West Coast salmon populations in return for the association's agreement to dismiss its Endangered Species Act suit against NMFS.

The agency agreed to draft a new designation taking into account better scientific data and the economic impact of the designation on communities in Washington, Oregon, Idaho and California. In its complaint, NAHB charged NMFS designated every possible salmon habitat area and adjacent non-habitat areas without regard to whether the areas were...

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