WASHINGTON, DC—In a decisive moment for ocean protection and environmental law, last week the federal government declined to appeal a court ruling that struck down Nationwide Permit 56 (NWP 56), effectively ending the federal government's attempt to fast-track industrial aquaculture in public ocean waters. The ruling now stands as final. 

The decision is a major victory for a coalition of environmental organizations, Indigenous leaders, fishing communities, and public health advocates, led by Center for Food Safety (CFS). The U.S. District Court for the Western District of Washington ruled in fall 2024 that the U.S. Army Corps of Engineers unlawfully issued NWP 56, violating multiple environmental statutes and overstepping its authority. Then over the government's opposition in a March 2025 decision the Court struck down the nationwide permit because of its legal infirmities. 

"This is not just a victory in court—it's a victory for the idea our oceans are some of our last wild spaces and they deserve our protection," said George Kimbrell, legal director at Center for Food Safety and lead counsel in the case. "We must learn the painful lessons of land-based confined animal feeding operations, not repeat them with 'CAFOs of the Sea.' The federal government lacks the authority to install an entire new aquaculture industry in our federal waters and with good reason: our oceans should not be caged." 

NWP 56 would have allowed industrial-scale finfish farming—floating net pens, cages, and other infrastructure—through a streamlined permitting process bypassing site-specific environmental review, endangered species protections, and public input. The Court ruled the permit unlawful under the National Environmental Policy Act (NEPA) and the Rivers and Harbors Act, and vacated it for all future use. 

This is the fourth major legal win Center for Food Safety has secured in a broader campaign against federal programmatic efforts to entrench ocean aquaculture: 

• In 2015-2018, a CFS litigation resulted in a federal district court striking down the first-ever attempt to greenlight industrial aquaculture in federal ocean waters as lacking authority. In extended litigation that victory was appealed, but the 5th Circuit Court of Appeals affirmed the victory in 2020. 

• In the first-ever challenge to industrial shellfish aquaculture, CFS prevailed in a challenge to a similar nationwide permit, with a federal court striking it down in 2020, which was affirmed on appeal in 2021. 

• Successful CFS litigation from 2015-2020 overturned what would have been the first-ever genetically engineered food animal, a GE salmon, which would have been raised in aquaculture facilities. 

• And now in 2024-2025, CFS has successfully invalidated the most aggressive federal permit ever issued for ocean fish farming. 

"These are the wins that keep our oceans free—free from pollution, privatization, and industrial overreach," said Ashley Lukens, Director of Communications and Advocacy for Plaintiff CFS. "At a time when the pressures on our marine ecosystems are intensifying, this ruling sends a clear message: the ocean is the last commons, and we must treat it that way." 

The court's order ensures that no new offshore aquaculture operations can be permitted through NWP 56. And because the government declined to appeal before the June 16 deadline, the ruling becomes final precedent and cannot be overturned. The ruling also sets an important legal boundary: federal agencies cannot invent new authority to regulate or permit industrial aquaculture in U.S. waters—only Congress can. 

"The ocean belongs to all of us," added Kimbrell. "We will continue to stand with communities, tribes, scientists, and fishers who know that protecting ocean health is fundamental to our collective future." 

The plaintiffs are Center for Food Safety, Food and Water Watch, Don't Cage Our Oceans, Wild Fish Conservancy, Quinault Indian Nation, Los Angeles Waterkeeper, San Diego Coastkeeper, Santa Barbara Channelkeeper, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen's Associations, and Recirculating Farms Coalition. All parties are represented by Center for Food Safety. 

Other plaintiff quotes:  

"It's refreshing when litigation can shut down backdoor, corner-cutting efforts to fast-track harmful forms of aquaculture against the will of American coastal communities." said James Mitchell, Legislative Director at Plaintiff Don't Cage Our Oceans. "Instead of entertaining reckless efforts to advance harmful factory fish farms, we should instead focus on pathways to smart, sustainable fishing and aquaculture practices that actually benefit people who depend on the ocean. That kind of vision excites our members, who care deeply about clean waters, healthy seafood, and community-led decision making." he added. 

"This ruling confirms that federal agencies cannot simply ignore their legal obligations to protect the environment," said Emma Helverson, Executive Director of Plaintiff Wild Fish Conservancy. "The Army Corps attempted to authorize these industrial facilities without conducting the thorough analysis required by law. Today's decision sends a clear message that shortcuts in environmental review will not be tolerated, and we'll continue advocating for comprehensive assessments of any federal action that threatens our aquatic ecosystems and the communities that depend on them." 

"We are thankful that the Army Corps of Engineers is not wasting more taxpayer dollars to push for a widely opposed nationwide permit that could allow industrial offshore aquaculture to develop more quickly in U.S. waters. The court's decision to invalidate the permit protects our marine wildlife and habitat, and the many people who use and care about our oceans," said Mariane Cufone, Executive Director and Counsel for Plaintiff Recirculating Farms. 

"We are relieved that the court's decision striking down the Army Corps' misguided nationwide permit is final and settled," said Tyler Lobdell, staff attorney at Food & Water Watch. "Our oceans are no place for harmful aquaculture practices - essentially factory farms at sea that pollute water and harm native ecosystems."