December 14, 2010

Delta smelt biological opinion held illegal

By Delta smelt biological opinion held illegal

Author:  Damien M. Schiff

Just minutes ago, Judge Wanger of the Eastern District of California issued his long-awaited ruling in the The Consolidated Delta Smelt Cases.  The opinion is over 200 pages long; PLF plans to have a formal statement later in the day.  For now, though, suffice it to say that the judge has found major parts of the biological opinion to be in violation of the Endangered Species Act and Administrative Procedure Act, and that certain specific water export restrictions are arbitrary and capricious.


Here’s the opinion.

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