9th Circuit delta smelt litigation update

Briefing has been completed in the Ninth Circuit appeal of Judge Wanger’s decision to invalidate and remand the 2008 delta smelt biological opinion.  A final reply brief was filed late last month by the San Luis & Delta-Mendota Water Authority and Westlands Water District.  The State Water Contractors and Metropolitan Water District of Southern California filed joinders to the SLDMWA reply brief.  The Ninth Circuit has not yet scheduled oral argument for this case.