April 29, 2009

Preliminary injunction motion filed in Delta litigation

By Damien M. Schiff Senior Attorney

Yesterday Westlands Water District moved to enjoin current Delta pumping restrictions, arguing, among other things, that the smelt biological opinion's restrictions based upon percentage entrainment are arbitrary and capricious.  A hearing on the motion is set for May 22.  Also of note, Natural Resources Defense Council has moved to intervene in the lawsuit.

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