Seattle, Washington — On Monday, the U.S. District Court for the Western District of Washington vacated, or set aside as unlawful, the U.S. Army Corps of Engineers’ approval of Nationwide Permit 56 (NWP 56), a 2021 decision authorizing industrial finfish aquaculture structures in federal ocean waters for the first time across the country. In October 2024, after several years of litigation the Court ruled that the Corps had violated several core environmental laws in approving NWP 56, including the National Environmental Policy Act, the Rivers and Harbors Act, and the Administrative Procedure Act. Following further remedy briefing, Monday’s decision ordered that based on those violations of law the permit is vacated.

“This is a crucial victory in the battle for the future of our oceans,” said George Kimbrell, legal director for Center for Food Safety and counsel for the plaintiffs. “We are gratified that the Court has ordered that NWP 56 is null and void. Industrial aquaculture has an abysmal track record globally of damaging the environment and local communities. It has no place in U.S. ocean waters.”

Nationwide permit 56 would have permitted construction of industrial aquaculture facilities in federal ocean waters off the eastern and western U.S. coasts. Industrial aquaculture, also known as fish farming, involves placing net pens and cages in the open ocean to produce massive quantities of finfish such as salmon, trout, and bass, threatening marine ecosystems as well as endangered whales, salmon, sea turtles, and many other imperiled species; and traditional fishing economies, Tribal Nations’ food security, and public health.

In 2022, Center for Food Safety and a coalition of conservation, tribal, and fishing organizations challenged the permitting scheme, arguing that the Corps approved the permit without any analysis of threat to water quality and marine life, including imperiled species protected under the Endangered Species Act. In the October 2024 decision the Court held that the Corps lacked the “logical bridge between the multiple acknowledged adverse impacts”—including those described by the agency itself as “high risk”—and the agency’s “conclusion that the impacts of NWP 56 would be no more than minimal or would be insignificant.” Monday’s decision vacates or sets aside the permit based on the prior held violations of law.

This victory is yet another major legal rebuke to the federal government’s continuing attempts to establish aquaculture in U.S. ocean waters. In 2018 and 2020, federal courts covering the Gulf of Mexico struck down an earlier effort that would have established the industry there for the first time. Despite intense lobbying efforts by proponents, Congress has never passed a law authorizing industrial aquaculture in the U.S. federal waters.

The plaintiffs are Center for Food Safety, Don’t Cage Our Oceans, Wild Fish Conservancy, Quinault Indian Nation, Los Angeles Waterkeeper, San Diego Coastkeeper, Santa Barbara Channelkeeper, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, Recirculating Farms Coalition, and Food & Water Watch. All parties are represented by Center for Food Safety.

Other plaintiff quotes:

Tyler Lobdell, staff attorney for plaintiff Food & Water Watch: “This ruling ensures that the Army Corps cannot continue green lighting dangerous factory farms at sea with little consideration or oversight. We look forward to continuing our fight against efforts to exploit our marine environments.”

Marianne Cufone, counsel and director for plaintiff Recirculating Farms: “This decision by the Court to prevent the Army Corps of Engineers from using a nationwide permit to streamline development of offshore factory fish farming is important for protecting our wildlife, habitat, and the many people who are connected to our oceans for the long-term.”

Patrick McDonough, senior attorney for plaintiff San Diego Coastkeeper: “This is a major victory, not only for California’s meticulously crafted network of Marine Protected Areas, but for marine ecosystems and the rehabilitation of fisheries throughout the United States.”

James Mitchell, legislative director for plaintiff Don’t Cage Our Oceans: “Our coalition members are pleased to see the Court toss aside the ridiculous idea that the Army Corps, via just one nationwide permit, can seriously satisfy the many ecological and socio-economic concerns of all prospective aquaculture projects in our nation’s oceans. This decision reinforces that industrial aquaculture cannot be rubber-stamped without careful scrutiny, and it is a victory for coastal communities who want to design seafood systems that protect our oceans, fish, and the values of our fishing families.”