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Tag: water cutbacks

December 30, 2014

Delta smelt cert petition briefing complete

Shortly before the holiday break, we filed our reply brief on our petition to the United States Supreme Court requesting that it review the Ninth Circuit’s decision upholding the delta-smelt-inspired water cutbacks which have exacerbated the impacts of California’s drought.  The Court should decide by early January whether to take up t ...

December 15, 2014

New smelt oped

Last week, the San Diego U-T published my oped on the smelt water cutbacks.  One of the commenters on the newspaper’s website contends that, this past water year, the Endangered Species Act protections for the smelt had no impact on California’s water supply.  Instead, the cutbacks were imposed because of ESA protections for other fis ...

November 20, 2014

Amicus support for PLF's Delta smelt cert petition

PLF’s cert petition in Stewart & Jasper Orchards v. Jewell, which seeks review of the Ninth Circuit’s decision upholding the Delta-smelt-inspired water cutbacks to Southern California and the San Joaquin Valley, has received significant amicus curiae support.  Our thanks to the American Farm Bureau Federation, the California Farm B ...

August 29, 2013

More water for salmon, less for farmers

Last week, Judge Lawrence O’Neill of the Eastern District of California okayed the Bureau of Reclamation’s plan to release up to 20,000 acre-feet of water into the Trinity and Klamath Rivers.  San Joaquin Valley water districts have filed a lawsuit challenging the releases, which ostensibly are for the health of spawning salmon populat ...

December 07, 2012

Setting the killer whale record straight, part II

Earlier this week, Miyoko Sakashita of the Center for Biological Diversity, writing on the Huffington Post, criticized Pacific Legal Foundation’s effort to delist the Southern Resident population of killer whale from the Endangered Species Act.  Of course, this is not CBD’s first criticism of our delisting petition.  But, as you ...

November 26, 2012

A whale of a win

Today, the National Marine Fisheries Service announced that it is beginning a one-year review to determine whether to delist the Southern Resident population of killer whale from the Endangered Species Act.  The agency’s decision is in direct response to a delisting petition submitted by Pacific Legal Foundation on behalf of the Center for E ...

November 15, 2012

A "bear" of a decision for water users

Last month, Judge Selna of the Central District of California rejected, in Bear Valley Mutual Water Co. v. Salazar, a challenge to the critical habitat designation of the Santa Ana Sucker, a “threatened” fish protected under the Endangered Species Act.  The plaintiffs, a collection of local governments, water districts, and flood contr ...

August 23, 2012

Breaking: Delta smelt appeals dismissed

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 ...

December 20, 2010

Zingers from Judge Wanger

Author:  Damien M. Schiff Last week, Judge Oliver Wanger of the Eastern District of Sacramento overturned the Delta Smelt biological opinion imposing severe water cutbacks on Central Valley farms and towns.  The opinion is filled with sharply worded rebukes of the Service's errors.  In this post, we catalogue those zingers, wi ...

December 14, 2010

The people win, junk science loses

Author:  Damien M. Schiff Below is PLF's press release applauding Judge Wanger's favorable ruling today in The Consolidated Delta Smelt Cases. ...