News & Analysis as of

Delta Smelt US Fish and Wildlife Service

Nossaman LLP

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

Nossaman LLP

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

Nossaman LLP

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

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

Nossaman LLP

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

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

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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