Near as I can tell from the 60-day notice, WDFW has turned in all the paperwork to NMFS to get ESA clearance. But NMFS hasn't completed their part of the process, which is not unusual since they have limited staff and a whole lotta similar requests for consultation under ESA. But WDFW should not have proceeded with this program without the necessary ESA clearance. So they should have seen this coming.

Look for NMFS to issue the necessary ESA clearances in the next 60 days in response to this NOI. If they do that, the lawsuit is moot.