High Court Denies Petition by Parties with Reclamation Contracts Seeking to Avoid ESA Consultation
Posted in Court Decisions

On November 17, the U.S. Supreme Court denied the petition for writ of certiorari filed by Glenn Colusa Irrigation District and others seeking to overturn a decision by the United States Court of Appeals for the Ninth Circuit (en banc) holding that the Bureau of Reclamation’s decision to renew water contracts with senior water rights holders is subject to consultation under section 7(a)(2) of the Endangered Species Act.  Our prior post regarding the petition is available here.

E&E reporter Jeremy Jacobs wrote in Greenwire today that the Supreme Court "left in place an appeals court ruling that required the Interior Department to conduct a more extensive review of how California water contracts would affect threatened delta smelt before renewing them."

  • Partner

    Paul Weiland is chair of Nossaman’s Environment & Land Use Group.  He focuses his practice on litigation, permitting, and compliance counseling.  Paul’s clients include public agencies, publicly regulated utilities, private ...

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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