Prime Hook National Wildlife Refuge Litigation

The Center’s 2006 federal lawsuit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service over the agencies’  decision to allow the farming of genetically-modified crops within the Prime Hook Wildlife Refuge has returned to a litigation track after settlement negotiations broke down.  The Center represents the Delaware Audubon Society, along with Public Employees for Environmental Responsibility (PEER) and the Center for Food Safety.  The suit alleges that Fish and Wildlife has violated federal law by failing to require a compatibility determination as required by the National Wildlife Refuge System Administration Act or prepare an environmental impact statement required by the National Environmental Policy Act at the Sussex County, Delaware refuge.  In the meantime, Fish and Wildlife has agreed not to allow farming to resume until a Comprehensive Conservation Plan is submitted.  The practical result is that crops will not be planted for this growing season, allowing time for the case to be heard before the U.S. District Court in Delaware.