News & Analysis as of

Endangered Species Act (ESA) Delta Smelt

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CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

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On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

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Challenge to Emergency Drought Salinity Barrier Thrown Out Due to Lack of Proper Notice

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On September 14, 2015, the U.S. District Court for the Eastern District of California granted the state and federal defendants’ motion to dismiss for lack of subject matter jurisdiction. Center for Environmental Science,...more

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Feinstein Introduces the California Emergency Drought Relief Act

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Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

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District Court Declines to Provide Injunctive Relief for Emergency Drought Salinity Barrier in the California Bay-Delta

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On June 18, 2015, the U.S. District Court for the Eastern District of California denied a motion for a temporary restraining order and preliminary injunction, finding the plaintiff failed to establish that an emergency...more

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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

Best Best & Krieger LLP

Legislative Water Update

Conversations Among Federal Lawmakers May Lead to New Water Legislation - A number of conversations are occurring in the U.S. House of Representatives, and between the House and the U.S. Senate (particularly Rep. David...more

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Amici Curiae Support En Banc Review Of Ninth Circuit Delta Smelt Decision

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On May 12, 2014, Appellees Kern County Water Agency, Coalition for a Sustainable Delta, State Water Contractors, and Metropolitan Water District of Southern California filed a petition for rehearing en banc, seeking further...more

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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

Foley Hoag LLP - Environmental Law

How Powerful is the Endangered Species Act? Just Ask the Delta Smelt

The Endangered Species Act is a powerful tool for the protection of threatened and endangered species and their habitats. Just how powerful was made clear last week when the 9th Circuit Court of Appeals largely reversed a...more

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Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

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The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

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