"The California Department of Fish and Game intends to sue the U.S. Army Corps of Engineers over its policy banning trees on levees."

"The department on Tuesday sent the Army Corps a 60-day notice of intent to sue, a required precursor to a lawsuit under the federal Endangered Species Act. The state previously sought to join an earlier lawsuit, filed by the Sacramento-based environmental group Friends of the River, but was denied on procedural grounds.

Fish and Game alleges the Army Corps violated the Endangered Species Act and the National Environmental Policy Act when it imposed the policy after Hurricane Katrina.

The policy allows only grass on levees, effectively requiring local agencies to cut down trees to remain eligible for federal disaster funds."

Matt Weiser reports for the Sacramento Bee February 9, 2012. [2]