Have federal wildlife regulators made Sophie’s Choice?

Federal wildlife regulators have a legal responsibility to consider the impact of federal actions on endangered wildlife. That is their legal argument for their program to de-water the farms and communities of California’s San Joaquin Valley, by holding that water for … Continue reading

Another win for the Delta smelt

Just minutes ago, the Ninth Circuit Court of Appeals issued its en banc unanimous decision in NRDC v. Jewell holding that the Bureau of Reclamation violated the Endangered Species Act in renewing several dozen water contracts in connection with the … Continue reading

Farmers lose another water battle

Earlier this month, the Ninth Circuit Court of Appeals rejected an attempt by water users within the San Luis Unit of the Central Valley Project to require the Bureau of Reclamation to provide them more water.  In San Luis Unit Food … Continue reading

9th Circuit sets oral argument re: 2008 delta smelt biop litigation

Today the Ninth Circuit Court of Appeals issued this notice of oral argument for San Luis & Delta Mendota Water Authority v. NRDC, aka The Consolidated Delta Smelt Cases.  The oral argument will take place on Monday, September 10, at 9AM … Continue reading

Feds and NRDC file responsive briefs in 9th Circuit delta smelt litigation

In the continuing 9th Circuit litigation over Judge Wanger’s decision to invalidate the 2008 delta smelt biological opinion, the federal government and the Natural Resources Defense Council on Friday filed briefs in response to earlier filings made by water users and the … Continue reading

Delta smelt X2 injunction briefing completed in the Ninth Circuit

This afternoon the Natural Resources Defense Council filed this reply brief in its Ninth Circuit appeal of Judge Wanger’s decision from last year to enjoin the Fall X2 action.  That should complete briefing on the injunction, and we’ll now for briefing … Continue reading

A quick correction for the recent MSNBC delta smelt story

This morning Aquafornia linked to an MSNBC story on delta smelt water restrictions.  The MSNBC story reports: A court-ordered protection of the Delta smelt, an endangered sliver of a fish, has reduced the amount of water farmers may use to … Continue reading

Delta smelt X2 litigation resumes in the Ninth Circuit

You may recall that in late January of this year I blogged that the Ninth Circuit delta smelt X2 litigation had been completed for the moment.  This was after the completion of briefing related to the water users’ motion to … Continue reading

Another round of Ninth Circuit delta smelt briefing completed

On Friday, February 10, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority and Westlands Water District, and the California Department of Water Resources filed briefs in the ongoing appeal of Judge Wanger’s 12/14/10 … Continue reading

X2 Ninth Circuit briefing completed (for now)

Last week, the Coalition for a Sustainable Delta, Kern County Water Agency, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority, and Westlands Water District filed this reply to the Natural Resources Defense Council’s opposition … Continue reading