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

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

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

Delta smelt regs vindicated? Not so fast, my friend!

Author: Brandon Middleton At the NRDC Switchboard blog, Doug Obegi discusses recent good news concerning the delta smelt: For several years, fishermen, conservationists, and scientists have argued that if we provide adequate freshwater flows to the Bay-Delta, native fish populations … Continue reading

Wait, I thought the Interior Department supports using the best available science?!?!

Author: Brandon Middleton Earlier this week, Interior Secretary Ken Salazar gave a fairly routine political speech at the Commonwealth Club in San Francisco.  The subject of Salazar's speech was California's water, and the Secretary paid particular attention to the Bay … Continue reading