again, this question concerns the below fact pattern repeated from previous questions. Any new fact is in bold$)$

Jack Straw owns the tract $($shown below$)$ located on the Cape Fear River in Lee County. The upper Cape Fear River has been identified as part of the range of the Cape Fear Shiner $($Notropis mekistocholas$),$ a small fish listed as endangered under the Endangered Species Act. The land is in a part of Lee County that is zoned $"$R$-$A $($Residential Agricultural$)."$ According to the Unified Development Ordinance $($UDO$)$ for Lee County, the only allowable uses of land in an RA zone are farming, forestry, residential living, and home$-$based businesses.

Jack has been approached by Cypress Strata Solar, LLC to develop a solar facility, and two sites on his land are proposed $($see map$).$ Assume that Jack's site is suitable according to the NC Utilities Commission's most recent request $($RFP$)$ for proposed solar sites. Assume also that solar facilities are considered a "light industrial" use under Lee County's UDO. Assume also also that this particular site $-$ as an energy facility $-$ requires a federal permit issued by the Federal Energy Regulatory Commission $($FERC$).$

An application for the project permit is filed with FERC, who conducts an Environmental Assessment that results in a Finding of No Significant Impact.

QUESTION: You are a grad student in Marine Sciences at NC State specializing in study of freshwater fish species. Somehow you become aware of the project, and locating the environmental assessment, study it diligently. You find no mention of the Cape Fear Shiner. Who do you sue?

Question $18$Select one:

a$.$

FERC, for failing to consult with US Fish and Wildlife Service regarding potential impact on any listed species

b$.$

Jack Straw $-$ the landowner $-$ as a potentially responsible party for the take of a listed species

c$.$

Cypress Strata Solar, LLC $-$ the developer $-$ as a potentially responsible party for the take of a listed species