Endangered Species Law & Policy

On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project (SWP) and federal Central Valley Project (CVP). 

The Projects provide water to over 20 million of Californians and support the businesses and farms across the state.  In his announcement, the Secretary notes that “Difficult trade-offs have to be made unless we can find creative solutions that balance all water needs.  And even then, sometimes tough ...

On April 29, 2019, Governor Newsom issued Executive Order N-10-19 (EO) directing the California Natural Resources Agency, the California Environmental Protection Agency, the California Department of Food and Agriculture, in consultation with the Department of Finance (collectively, the agencies), to prepare a 21^st century water resilience portfolio to meet the needs of California’s communities, economy and environment in the face of water supply uncertainty, climate change and the state’s growing population.  The EO’s sweeping directive requires the agencies ...

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA).  The Oversight Hearing is entitled The Costly Impacts of Predation and Conflicting Federal Statutes on Native and Endangered Species.  Anticipated topics for discussion include addressing the fact that conflicts between federal statutes often prevent agencies and federal officials from effectively reducing ...

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader legislation addressing the historic drought in the Western United States. The bill’s goals are to move existing water supplies and develop new  water sources in order to help those communities suffering the worst effects of the drought, while complying with the existing regulatory regime under the Endangered Species Act and the Clean Water Act. Senator ...

Consistent with Governor Brown's Drought Proclamation and Executive Orders, the U.S. Bureau of Reclamation (USBR) and the California Department of Water Resources (DWR) sought and obtained a temporary modification of certain water quality objectives from the California State Water Resources Control Board (State Board) in order to allow for increased exports of water from the Central Valley Project and State Water Project in the Sacramento-San Joaquin Delta (Delta).  On June 3, 2015, environmental groups, including the California Sportfishing Protection Alliance ...