Today the Ninth Circuit Court of Appeals issued this notice of oral argument for San Luis & Delta Mendota Water Authority v. NRDC, aka The Consolidated Delta Smelt Cases. The oral argument will take place on Monday, September 10, at 9AM in the Lloyd D. George United States Courthouse in Las Vegas. The oral argument will … ...
In the continuing 9th Circuit litigation over Judge Wanger’s decision to invalidate the 2008 delta smelt biological opinion, the federal government and the Natural Resources Defense Council on Friday filed briefs in response to earlier filings made by water users and the California Department of Water Resources. For prior posts on this 9t ...
This afternoon the Natural Resources Defense Council filed this reply brief in its Ninth Circuit appeal of Judge Wanger’s decision from last year to enjoin the Fall X2 action. That should complete briefing on the injunction, and we’ll now for briefing to be completed in the merits appeal of Judge Wanger’s decision to invalidate ...
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 … ...
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 ...
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. … ...
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 … ...
Author: Brandon Middleton At the NRDC Switchboard blog, Doug Obegi discusses recent good news concerning the delta smelt: For several years, fishermen, conservationists, and scientists have argued that if we provide adequate freshwater flows to the Bay-Delta, native fish populations would begin to rebound. In 2007, a federal court required pumping ...
Author: Brandon Middleton Earlier this week, Interior Secretary Ken Salazar gave a fairly routine political speech at the Commonwealth Club in San Francisco. The subject of Salazar's speech was California's water, and the Secretary paid particular attention to the Bay Delta Conservation Plan and the need to use the best available sci ...