Posts tagged shortnose sucker.
ESA Preempts Oregon Water Rule in U.S. District Court Decision

On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, and the Yurok Tribe, in holding that an order governing Reclamation’s operation of Upper Klamath Lake (UKL) from the Oregon Water Resources Department (OWRD) is preempted by the Endangered Species Act (ESA). The order, issued in the midst of a recent drought to meet the needs of irrigators, mandated Reclamation to “immediately preclude or ...

FERC Approves Surrender License for Lower Klamath Project

On November 17, 2022, the Federal Energy Regulatory Commission (“FERC”) voted unanimously to issue an Order Modifying and Approving Surrender License and Removal of Project Facilities (“Order”) for the Lower Klamath Project (“Project”). The Order allows the dams’ private operator to surrender its operating license and was one of the final hurdles for the largest dam removal project in United States history. The $450 million project involves the removal of four dams along the Klamath River near the border of Northern California and Southern Oregon.

A noteworthy ...

Posted in Legislation

The Klamath River Renewal Corporation (the "corporation") recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). In it, the corporation indicates its intent to sidestep compliance with the California Endangered Species Act and California’s Lake and Streambed Alteration Program by asking FERC to opine that those state law requirements are preempted by federal law. Among other things, these laws protect the critically endangered Lost River sucker (Deltistes luxatus) and shortnose sucker ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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