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Controversy over dredging in San Juan Bay

Corps of Engineers notified of possible lawsuit

Eric de León, EL VOCERO

06/14/2022

Eric De León SotoEnvironmental groups maintain that the proposed expansion in the depth of the
bay would cause harm to sea turtles, manatees and bird species in danger of extinction. >File/EL
VOCERO

The proposed dredging of the San Juan Bay, a project led by the United
States Army Corps of Engineers (USACE), allegedly violates federal laws
that protect species in
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 in danger of extinction, which could stop the work before it begins.

Through a letter sent yesterday, the environmental organizations El

Puente, CORALations and the Center for Biological Diversity warned
that the proposed expansion in the depth of the bay would harm sea
turtles, manatees and endangered bird species, in violation of section
7 of the Endangered Species Act (ESA).

Specifically, the letter warns that because the scope of the project was
expanded in 2021, the initial environmental impact assessments are
invalidated, so they have to be repeated. The letter from the
environmental organizations was sent under the ESA law, so Usace will
have a period of 60 days to take corrective action or be exposed to a civil
lawsuit that could paralyze the dredging.

Do you support the dredging of the San Juan Bay to allow the entry of
larger vessels?
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“Under the applicable ESA law, you cannot sue a federal agency or any
person unless you give 60 days notice. So, the file of this USACE case was
 carefully studied, also of the Fish and Wildlife Service (FWS, in English) and
we determined that there are violations of the law and we listed those
violations”, explained the environmental lawyer Pedro Saadé.

At the end of those 60 calendar days, Saadé explained, the

organizations would be in a position to file a lawsuit in federal court
and immediately request the suspension of the project, at least until
the federal agencies comply with the production of an updated
environmental study and complete.

“But we trust that Usace will study the letter and consider it. We see that it
would be a good idea for the parties to talk,” said Saadé.

According to the letter, USACE undertook an "improper and illegal"

environmental review of the impact the dredging would have on endangered
species in the bay, particularly manatees, corals, and endemic birds such as
the Puerto Rican ladybug. This environmental analysis, carried out in 2018
by the National Marine Fisheries Service (NMFS) and endorsed by FWS, had
determined that the dredging would not affect several endangered species,
but did not include the full scope of the project or specify the full
environmental impact it would have.
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“USACE and NMFS violated section 7 of the ESA by not restarting

consultations because new information reveals the effects of actions that
could affect endangered species or critical habitats in a way or to a degree
not previously considered,” reads the statement. letter signed by Catherine
 Kilduff, staff attorney at the Center for Biological Diversity.

By law, this new information, Kilduff adds, should trigger a duty on

Usace and NMFS to redo an environmental impact study.

They move the country away from renewable energy

On the other hand, although it does not appear as the main claim, the letter
also alludes to the fact that the purpose of the dredging -allowing the entry
of larger ships that load natural gas- is contrary to the objectives of
achieving greater power generation by renewable means. In fact, the letter
concludes that the need for dredging could be undone if the Puerto Rico
Energy Bureau (PREB) or the Federal Energy Regulatory Commission
(FERC) decide to put an end to the importation of natural gas through the
Bay of San Juan.

“This is not just any dredging. It is a very large main dredging and is
basically aimed at allowing large ships to be brought into the bay with
fossil fuels, mainly fossil gas, also called natural gas. So it is a dredging
that, instead of directing us to renewable
energy and the protection of the people who live near those routes,
directs us to bring those large ships to the Bay of San Juan”, said
Saadé.

As of receipt of the letter, Saadé explained, USACE would have to put the
project on hold until the corresponding environmental studies are
completed. According to the project calendar established by USACE, the
winning bidders for the dredging contracts would be announced by
November this year, with the project expected to take 18 months to
complete.

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