News & Analysis as of

Water Rights Endangered Species Act (ESA)

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Meadow Jumping Mouse/Endangered Species Act: Federal Appellate Court Addresses Challenge to Critical Habitat Designation

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in an April 15th Opinion a challenge to the United States Fish and Wildlife Service’s (“Service”) designation of Endangered Species Act...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

Best Best & Krieger LLP

House Passes California Water Bill

Yesterday, the U.S. House of Representatives passed Rep. David Valadao’s (R-CA) Gaining Responsibility on Water Act. The legislation is co-sponsored by 14 members of the California Delegation, primarily Republicans. The...more

Nossaman LLP

Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

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On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to...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

Allen Matkins

California Environmental Law and Policy Update - August 2014 #4

Allen Matkins on

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...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

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

Nossaman LLP

A Victory for Water Users in Siskiyou County

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Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

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