News & Analysis as of

Endangered Species Act (ESA) Bureau of Reclamation

Nossaman LLP

ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

Nossaman LLP

Bureau of Reclamation and Local Water Agency Have Discretion to Release Water from Dam to Avoid Take of Endangered Steelhead Trout

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Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...more

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

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The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

Downey Brand LLP

President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)

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Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more

Downey Brand LLP

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

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On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

Foley Hoag LLP - Environmental Law

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

Davis Wright Tremaine LLP

Take Two! Frogs, Water, and the Endangered Species Act in Oregon

In late December we reported on a lawsuit filed by the Center for Biological Diversity (“Center”) that alleges the U.S. Bureau of Reclamation (“BOR”) is violating the Endangered Species Act (“ESA”) through its operation and...more

Davis Wright Tremaine LLP

Frogs, Water, and the Endangered Species Act in Oregon

Oregon spotted frogs and their habitats are being harmed because of the way the U.S. Bureau of Reclamation (“BOR”) operates and maintains some reservoirs in the Upper Deschutes River Basin, so asserts the Center for...more

Perkins Coie

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

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The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more

Allen Matkins

California Environmental Law & Policy Update - September 2015 #3

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Environmental and Policy Focus - United States, China sign landmark climate change declaration at Los Angeles summit: Courthouse News - Sep 15: U.S. and Chinese leaders on Tuesday signed a landmark declaration on climate...more

Nossaman LLP

ESA Roundup – Legislation, Listings, and Litigation

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Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.  July 16, 2015 – The House of Representative, in a largely partisan...more

Nossaman LLP

Lawsuit Filed Over State Water Board’s Temporary Modification of Water Quality Objectives

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Consistent with Governor Brown’s Drought Proclamation and Executive Orders, the U.S. Bureau of Reclamation (USBR) and the California Department of Water Resources (DWR) sought and obtained a temporary modification of certain...more

Nossaman LLP

High Court Denies Petition by Parties with Reclamation Contracts Seeking to Avoid ESA Consultation

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On November 17, the U.S. Supreme Court denied the petition for writ of certiorari filed by Glenn Colusa Irrigation District and others seeking to overturn a decision by the United States Court of Appeals for the Ninth Circuit...more

Nossaman LLP

Recent Ninth Circuit ESA Decision May Be Headed to the U.S. Supreme Court

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On July 14, Glenn-Colusa Irrigation District (GCID) filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of the Ninth Circuit’s decision in Glenn-Colusa Irrigation District v. Natural Resources...more

Nossaman LLP

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

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Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

Best Best & Krieger LLP

Ninth Circuit Upholds Delta Smelt Biological Opinion Pumping Restrictions

California Water Supplies Likely to be Impacted - In a reversal potentially impacting the water supply to millions of Californians, the Ninth Circuit Court of Appeals recently upheld a biological opinion issued by the...more

Nossaman LLP

Ninth Circuit Issues Long-Awaited Delta Smelt Decision

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Today, the United States Court of Appeals for the Ninth Circuit issued a decision relating to the 2008 biological opinion (BiOp) issued by the U.S. Fish and Wildlife Service (Service) regarding the effects of the Central...more

Nossaman LLP

ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery

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The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs....more

Nossaman LLP

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

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On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

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