September 9, 2011

No decision yet on recent X2 filings; another hearing scheduled for Fri. Sept. 16

By No decision yet on recent X2 filings; another hearing scheduled for Fri. Sept. 16

Author: Brandon Middleton

This afternoon Judge Wanger declined to rule on the recent requests by the federal government and NRDC for a stay of the court's injunction of the delta smelt Fall X2 action pending appeal.

The court in particular wanted to provide the plaintiffs with an adequate opportunity to respond to information submitted in declarations from the federal government this past week.  The court described the information in these declarations as a potential "game-changer," but at the same time remarked that the testimony of the individuals who submitted the declarations is "somewhat all over the map," based on the individuals' prior submissions.  The federal government's declarations referenced today may be found here and here.

The plaintiffs' opposition to the federal government's motion for a stay is due in the middle of next week, with another hearing on the feds' motion and NRDC's motion scheduled for Friday, September 16.

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