9th Circuit sets oral argument re: 2008 delta smelt biop litigation
Today the Ninth Circuit Court of Appeals issued this notice of oral argument for San Luis & Delta Mendota Water Authority v. NRDC, aka The Consolidated Delta Smelt Cases. The oral argument will take place on Monday, September 10, at 9AM in the Lloyd D. George United States Courthouse in Las Vegas. The oral argument will address appeals relating both Judge Wanger’s decision to invalidate and remand the 2008 delta smelt biological opinion to the United States Fish and Wildlife Service, as well as his decision to grant injunctive relief last year over the Fall X2 action.
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One of the most fundamental rights of American citizens is the right to seek redress from illegal government action in a court of law. But the federal government has an arsenal of weapons it wields to deny or curtail this right. Nowhere is this more prevalent than in the government’s attempts to stifle landowner suits challenging federal agency action under the Clean Water Act.