Delta smelt X2 injunction briefing completed in the Ninth Circuit

April 05, 2012 | By PACIFIC LEGAL FOUNDATION

This afternoon the Natural Resources Defense Council filed this reply brief in its Ninth Circuit appeal of Judge Wanger’s decision from last year to enjoin the Fall X2 action.  That should complete briefing on the injunction, and we’ll now for briefing to be completed in the merits appeal of Judge Wanger’s decision to invalidate the 2008 delta smelt biological opinion.  It’s unclear at this point when oral argument for these appeals will take place.