Articles

Don't be fooled : "fish vs. people" is real

February 17, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton With Sen. Dianne Feinstein's proposal to increase water deliveries to the San Joaquin Valley and Southern California, there's been a renewed discussion of the "fish vs. people" theme that accompanies the debate on California's water policy.  For example, the Fresno Bee's Jim Boren sugg ...

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Salazar wakes up to reality

March 17, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The Department of the Interior announced today that the Bureau of Reclamation will increase the water allocation for those who receive Central Valley Project water south of the Sacramento Delta, from 5% of contractual allotment to 25%.  That's definitely good news for farmers, farm workers, and all the peop ...

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Feds appeal last week's X2 decision

September 08, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton The federal government has joined NRDC in appealing last week's X2 decision.  The feds' appeal was filed last night and was accompanied by a motion for a stay of the injunction and a memorandum in support of the motion for a stay. It is unclear at this point how this latest filing … ...

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When examining new delta smelt panel report, proceed with caution

January 09, 2012 | By PACIFIC LEGAL FOUNDATION

Regarding the independent panel report on the delta smelt X2 testimony controversy, reviews of the report suggest that the two federal scientists who provided the testimony at issue have been vindicated, and that Judge Wanger’s Fall 2011 criticism of the scientists can now be said to be (as the Department of Interior told the Contra … ...

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Agreement reached in salmonid litigation

January 12, 2012 | By PACIFIC LEGAL FOUNDATION

Earlier today Aquafornia noted that state and federal authorities had reached an agreement on joint operations of the Central Valley Project and State Water Project and management of the projects with regard to species included in the National Marine Fisheries Service’s flawed 2009 biological opinion, e.g. salmon and steelhead.  The agreemen ...

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NRDC files response to water users' motion to dismiss X2 appeal

January 17, 2012 | By PACIFIC LEGAL FOUNDATION

Today the Natural Resources Defense Council filed this response brief in the Ninth Circuit, opposing California water users’ December 2011 motion for the dismissal of NRDC’s X2 injunction appeal. … ...

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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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Delta smelt X2 litigation resumes in the Ninth Circuit

March 22, 2012 | By PACIFIC LEGAL FOUNDATION

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 … ...