Articles

Delta smelt update : oral argument recap

October 06, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Last week in Fresno, a federal district court heard oral arguments concerning issues related to the U.S. Fish and Wildlife Service's delta smelt biological opinion. One important matter heard by the court was Pacific Legal Foundation's constitutional cause of action — given that the delta smelt is found only ...

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When the stakes are high, the L.A. Times ignores the problem

February 23, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton According to the Los Angeles Times, the regulatory drought isn't a crisis worth solving: Though the west valley's farms are important to the state's economy, they are located in a naturally arid landscape that's unsuited to agriculture . . . .  If cuts in water deliveries make it expensive to farm in ...

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National Academy of Sciences releases report on Delta smelt

March 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The long-awaited report from the federal government's go-to group of scientists, dealing with the Delta smelt and other species protected under the Endangered Species Act, and whether water cutbacks to the San Joaquin Valley are justified to protect these species, is now available (an embargoed copy of the report ...

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Favorable ruling in the Delta smelt case

May 28, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Yesterday evening, the court issued its ruling on the preliminary injunction motion filed in the Delta smelt consolidated cases.  Below is a quick resume of the decision.  Bottom line, however, is that the cutbacks are illegal, but the court is not yet prepared to order immediate relief. 1. The baseline i ...

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Mixed decision in Oregon grazing case

June 10, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Yesterday, the District of Oregon issued a decision in Oregon Natural Desert Association v. Tidwell, a case pitting enviromental groups intent on protecting steelhead species (a type of salmonid), against the federal government, as well as private individuals who rely upon grazing permits from the Forest Service for ...

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Delta Smelt Showdown at the Ninth Circuit

February 15, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Natasha Greer The oral argument in our Delta smelt case is taking place right now at San Francisco's Ninth Circuit. Brandon appeared on the KMJ show to talk about the case. Listen to that podcast. … ...

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X2 Ninth Circuit briefing completed (for now)

January 30, 2012 | By PACIFIC LEGAL FOUNDATION

Last week, the Coalition for a Sustainable Delta, Kern County Water Agency, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority, and Westlands Water District filed this reply to the Natural Resources Defense Council’s opposition to the water users’ motion to dismiss ...

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Another round of Ninth Circuit delta smelt briefing completed

February 13, 2012 | By PACIFIC LEGAL FOUNDATION

On Friday, February 10, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority and Westlands Water District, and the California Department of Water Resources filed briefs in the ongoing appeal of Judge Wanger’s 12/14/10 decision to invalidate the 2008 delta smelt biological op ...

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Breaking : Delta smelt appeals dismissed

August 23, 2012 | By DAMIEN SCHIFF

Just minutes ago, the Ninth Circuit Court of Appeals issued a terse decision dismissing the  environmentalists’ appeals from Judge Oliver Wanger’s injunction limiting enforcement of the Delta smelt biological opinion’s water cutbacks.  The decision does not affect the many other pending appeals from the case that will be heard i ...