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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A trial court in Marin County, California, handed down a tentative ruling in Cherk v. County of Marin, rejecting the Cherk family’s argument that it was unconstitutional for the County to force them to pay $40,000 into an “affordable housing” fund.
Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach…
When the Cherk family applied for a permit to split their large residential parcel into two lots, the County of Marin demanded they pay $40,000 into the County’s “affordable housing” fund as a condition of the permit. The Cherks objected, but got nowhere with County officials and ultimately paid the fee under protest.
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