Numerous Parties Line Up in Support of Petition in Delta Smelt Case
Posted in Litigation

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme Court.  The petition was filed after a divided panel of the United States Court of Appeals for the Ninth Circuit issued a decision affirming a biological opinion issued by the U.S. Fish and Wildlife Service with respect to continuing operations of the federal Central Valley Project and State Water Project. The panel held that the biological opinion and accompanying reasonable and prudent alternative do not violate the Administrative Procedure Act and Endangered Species Act.  The deadline to file amicus briefs in support of the petition was November 6, 2014.

Six amicus briefs were filed in support of the petition by a wide array of groups including 10 states and national organizations representing business, farmers, home builders, hydropower interests, timber interests, and water users.  The parties to those briefs are as follows:

Responses to the water agency petition are due December 8.

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  • Paul S. Weiland
    Partner

    Paul Weiland is Assistant Managing Partner and a member of the Environment & Land Use Group. He has represented clients – including public agencies, publicly regulated utilities, corporations, trade associations and ...

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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