Endangered Species Act and Marine Mammal Protection Act Permitting in the Pacific Northwest

Abstract

The construction, maintenance, and repair of critical port infrastructure in the marine and freshwater environments of the Pacific Northwest frequently requires in-water and/or overwater work, which triggers specific requirements for federal environmental permitting and documentation. The Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) are the two federal regulations that generally have the greatest potential effect on project design, cost, and schedule. This paper discusses the current regulatory climate surrounding ESA and MMPA compliance by comparing the impacts of these regulations on two recently permitted projects. The projects are located at sites within the Puget Sound and on the Lower Columbia River, and range from routine activities, such as pile repair and replacement, to the construction of new marine terminals. The paper presents the design requirements for the projects, the way in which the project addressed ESA and MMPA compliance, and how the compliance process affected the project design, cost, and/or schedule. The comparative analysis concludes with a summary of the potential effects to project schedule, design, and cost, and a discussion of the ways in which project managers, design teams, engineers, and environmental staff can work to minimize these potential issues.