Northwest Aquaculture Alliance files suit against Washington Department of Natural Resources’ unlawful ban on commercial net pens.
The Northwest Aquaculture Alliance (NWAA) has filed a lawsuit against Washington’s Department of Natural Resources (DNR), alleging that its ban on commercial net pen aquaculture in state waters was unlawful and improperly enacted.
The lawsuit challenges the rulemaking process that led to the ban, claiming that DNR failed to follow procedural requirements under the Administrative Procedure Act (APA) and acted beyond its statutory authority. NWAA argues that the decision was arbitrary and capricious and did not comply with the State Environmental Policy Act (SEPA).
Concerns Over Rulemaking Process
NWAA President Jim Parsons stated that DNR, under its former Lands Commissioner, had conducted “a predetermined and inadequate rulemaking process that ignored the best-available science and ignored the intent of the State Legislature when it set forth a new law allowing for the production of native species in commercial net pens.”
Parsons also noted that members of the Board of Natural Resources had expressed concerns over the rushed timeline for reviewing nearly 500 pages of scientific documentation submitted by NWAA, government agencies, and independent scientists. He added that DNR relied on its own scientific findings, rather than incorporating research from agencies such as NOAA and the Washington Department of Fish and Wildlife.
“This ban was rushed through,” Parsons said. “NWAA hopes that a more thorough Judicial Review of the rule will result in a decision to invalidate the rule banning commercial net pens so we can return to what we have been doing in this state for more than 40 years: Growing nutritious, high-quality fish that consumers can afford.”
Legal Challenge and Industry Impact
The case is being handled by Northwest Resource Law PLLC, a Pacific Northwest-based firm specializing in environmental and regulatory litigation. NWAA represents a coalition of finfish and shellfish producers operating in freshwater and marine environments across Hawaii, Oregon, Idaho, Washington, and Alaska, along with supply chain businesses supporting aquaculture.
The lawsuit marks the latest development in the ongoing regulatory battle over net pen aquaculture in Washington, a state where the industry has operated for more than four decades. The outcome could have broader implications for aquaculture regulation, seafood supply, and industry investment in the region.
