March 29, 2011

Federal contractors agree that pending salmon litigation requests are moot

By Federal contractors agree that pending salmon litigation requests are moot

Author: Brandon Middleton

Updating yesterday's developments in the salmon biological opinion litigation, plaintiffs Westlands Water District and San Luis & Delta Mendota Water Authority have just filed this document, which states:

In light of Federal Defendants’ Notice to the Court of Allocation Increase (Doc. 617), and in light of the increased water allocation for south-of-Delta Central Valley Project agricultural water service contractors issued March 28, 2010, Plaintiffs Westlands Water District and San Luis & Delta Mendota Water Authority (collectively, "Federal Contractors") agree that their pending requests for a temporary restraining order ("TRO") and preliminary injunction to enjoin implementation of Reasonable and Prudent Alternative ("RPA") Action IV.2.1 are moot. Federal Contractors reserve the right to seek a TRO and/or preliminary injunction should hydrologic conditions change and RPA Action IV.2.1 constrain project operations in the future.

Federal Contractors thank the Court for devoting its time and attention to the TRO and preliminary injunction hearing conducted March 23-25, 2011.

No word yet if the other plaintiffs in the litigation will have anything to say on the mootness issue.

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