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State Water Project Endangered Species Act (ESA)

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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

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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

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Washington Pollution Control Hearings Board Rules Ecology Exceeded its Authority Under CWA, Invalidates NPDES Permit Condition

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Washington state’s Pollution Control Hearings Board (PCHB) ruled on February 26 that the Washington Department of Ecology (Ecology) exceeded its Clean Water Act (CWA) authority by inserting a permit condition in the Aquatic...more

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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

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Court Grants Federal Government Additional Year To Issue New Biological Opinions For California Water Projects

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On April 9, 2013, the United States District Court for the Eastern District of California ruled on a motion by the United States and the State of California to extend the period of time to issue new biological opinions...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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