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

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

NRDC files response to water users’ motion to dismiss X2 appeal

Today the Natural Resources Defense Council filed this response brief in the Ninth Circuit, opposing California water users’ December 2011 motion for the dismissal of NRDC’s X2 injunction appeal. … Continue reading

Agreement reached in salmonid litigation

Earlier today Aquafornia noted that state and federal authorities had reached an agreement on joint operations of the Central Valley Project and State Water Project and management of the projects with regard to species included in the National Marine Fisheries … Continue reading

When examining new delta smelt panel report, proceed with caution

Regarding the independent panel report on the delta smelt X2 testimony controversy, reviews of the report suggest that the two federal scientists who provided the testimony at issue have been vindicated, and that Judge Wanger’s Fall 2011 criticism of the … Continue reading

Feds appeal last week’s X2 decision

Author: Brandon Middleton The federal government has joined NRDC in appealing last week's X2 decision.  The feds' appeal was filed last night and was accompanied by a motion for a stay of the injunction and a memorandum in support of … Continue reading