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1 which means existing insurance policies cannot be renewed or new policies sold. Id. at 19. The <br /> 2 existing criteria do not prevent substantial development in the floodplain,and in fact often require <br /> 3 additional fill to bring construction above the base flood elevation. Id. at 15. The NFIP minimum <br /> 4 criteria,like the mapping process described above, leads to land use change and construction in the <br /> 5 floodplain, as guided by the criteria." Id. at 19.2 Additional fill and development in the floodplain, <br /> 6 as allowed and even encouraged by the minimum criteria,displaces habitat,increases pollution, and <br /> 7 has other adverse effects on salmon. Id. at 88. Between 2000 and December of 2010,FEMA's data <br /> 8 reveals that is has insured over 7,600 new development projects in Puget Sound communities <br /> 9 subject to the minimum eligibility criteria. Hasselman Decl., Ex. 2. Around 800 of those projects <br /> 10 were constructed between the time that the FEMA BiOp was issued in September 2008,and <br /> 11 December 2010. Id.,Hasselman Decl., Ex. 3. <br /> 12 D. Community Rating System <br /> 13 The last element of the NFIP discussed in the FEMA BiOp is the community rating system <br /> 14 ("CRS"). The CRS is a voluntary program under which FEMA rewards communities with lower <br /> 15 flood insurance premiums for adopting land-use controls that are more protective than FEMA's <br /> 16 minimum criteria. Id. at 20. While some CRS elements help protect salmon habitat,other elements <br /> 17 incentivize harmful behavior like structural modification of floodplains,removal of wood from <br /> 18 rivers,and elimination of levee vegetation. Id. at 20, 89-91. NMFS also noted a failure to"reward" <br /> 19 beneficial floodplain management activities that don't meet the CRS criteria, for example, <br /> 20 innovative programs that help restore"normative"flows. Id. at 90. <br /> 21 According to the BiOp,the combined effect of these components of the NFIP, which <br /> 22 collectively encourage development in the floodplain, is"stream channelization, habitat instability, <br /> 23 vegetation removal,and point and nonpoint source pollution,all of which contribute to degraded <br /> 24 <br /> 25 <br /> 2 The BiOp observed that in 2002 FEMA adopted a voluntary approach to encourage use of more fish- <br /> friendly minimum criteria. FEMA BiOp at 88. To date,not a single jurisdiction in Puget Sound has <br /> 26 adopted those voluntary standards. Id. <br /> 27 Earthjustice <br /> PLAINTIFF'S MOTION FOR PRELIMINARY 705 Second Ave.,Suite 203 <br /> Seattle, WA 98104 <br /> 28 INJUNCTION (Case No. 2:11-cv-02044-RSM) -5- <br /> (206)343-7340 <br />