Delta smelt X2 litigation resumes in the Ninth Circuit


You may recall that in late January of this year I blogged that the Ninth Circuit delta smelt X2 litigation had been completed for the moment.  This was after the completion of briefing related to the water users’ motion to dismiss NRDC’s appeal of Judge Wanger’s 2011 X2 injunction.

Given that the Ninth Circuit has yet to rule on the water users’ motion to dismiss, the Ninth Circuit X2 litigation has resumed. The water users this week filed their answering brief in response to NRDC’s original opening X2 injunction brief on appeal.  The water users’ answering brief was filed on behalf of the State Water Contractors, Coalition for a Sustainable Delta, Kern County Water Agency, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority, and Westlands Water District.  The California Department of Water Resources filed a partial joinder to the water users’ answering brief.

NRDC’s reply brief in its X2 injunction appeal is due in early April.