News & Analysis as of

Endangered Species Act (ESA) Dams Bureau of Reclamation

Nossaman LLP

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

Nossaman LLP on

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

Perkins Coie on

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

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

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