Ninth Circuit Panel Holds NMFS Biological Opinion regarding California Water Projects Passes Legal Muster
Posted in Court Decisions

As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and prudent alternative issued by the National Marine Fisheries Service with respect to the continuing operation of the Central Valley Project by the Bureau of Reclamation and the State Water Project by the California Department of Water Resources.  The Projects provide water to more than 20 million Californians.

The panel's decision relies heavily on a prior Ninth Circuit decision affirming a biological opinion and reasonable and prudent alternative issued by the U.S. Fish and Wildlife Service with respect to the continuing operation of the Projects.  A number of parties have asked the Supreme Court to review that decision, as we first reported here.

  • 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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