HTML Preview 60 Day Notice Letter page number 1.
1
January 5, 2014
The Honorable Jeh Johnson
Secretary of Homeland Security
Washington, D.C. 20528
202.612.1976 (fax)
The Honorable Daniel Tangherlini
Administrator of General Services Administration
1800 F ST NW
Washington, D.C. 20405-0001
202.219.1243 (fax)
Sent via Certified Mail Return Receipt Requested, Electronic Mail, and Facsimile
Re: 60-Day Notice of Intent to Sue for Violations of the Consultation Requirements of
Section 7 of the Endangered Species Act in Connection with the Proposed Sale of Plum
Island, NY
Dear Secretary Johnson and Administrator Tangherlini:
Pursuant to § 1540(g)(1) and § 1536 of the Endangered Species Act, 16 U.S.C. § 1531 et seq.
(“ESA” or “the Act”), Connecticut Fund for the Environment, its permanent, regional program
Save the Sound (“Save the Sound”) and Soundkeeper, Inc. (“Soundkeeper”) hereby provide
notice that your agencies are in violation of section 7(a)(2) of the ESA by failing to sufficiently
consult with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service
(NMFS) before issuing the Plum Island, NY Final Environmental Impact Statement (“FEIS”) on
June 25, 2013 and the associated Record of Decision (“ROD”) on August 29, 2013. These
documents recommend the sale of Plum Island with no restrictions on development and as such
may adversely affect a number of listed species. Unless these violations are corrected within the
next 60 days Save the Sound and Soundkeeper intend to file a civil action against the General
Services Administration (“GSA”) and the Department of Homeland Security (“DHS”) in the
appropriate judicial forum to enforce the requirements of the ESA and implementing regulations.
The failure to conduct and finalize a section 7 consultation resulted in a faulty FEIS alternatives
analysis. One alternative, which a section 7 review may have uncovered, is a restricted sale of