September 15, 2011

The X2 Files

By The X2 Files

Author: Brandon Middleton

With tomorrow's X2 hearing fast-approaching, I thought I would take this opportunity to re-post some of the filings that have been made in the past several days by the various parties.

Recall that on August 31 Judge Wanger enjoined the U.S. Fish and Wildlife Service's Fall X2 action.  The Service and defendant-intervenor Natural Resources Defense Council both appealed the injunction to the Ninth Circuit, and in the meantime they have asked Judge Wanger to stay (i.e., suspend) his injunction pending the appeal.

Tomorrow's hearing will address the Service's and NRDC's stay requests.  The Service's stay request and supporting declarations may be found here.  NRDC's stay request may be found here.

The Coalition for a Sustainable Delta, Kern County Water Agency, Metropolitan Water District of Southern California, State Water Contractors, San Luis & Delta-Mendota Water Authority, and Westlands Water District oppose the stay requests, as does the California Department of Water Resources.  The water users' opposition to the Service's stay request may be found here.

The waters users' declarations in support of their opposition to the Service stay request may be found here, here, here, and here.  The next-to-last linked declaration includes two sets of exhibits: 1, 2. The last linked declaration includes three sets of exhibits: 1, 2, 3.

The water users' opposition to NRDC's stay request may be found here.

DWR's opposition to the Service's stay request may be found here.  DWR's opposition to NRDC's stay request may be found here.

Tomorrow's hearing takes place at 12PM in Fresno.  More coverage is available at the Kronick Moskovitz Tiedemann & Girard Natural Resources Blog and at CalWatchdog.

Disclosure: PLF attorneys represent three almond and pistachio growers who are plaintiffs in this litigation, support the oppositions to the stay requests, but have not submitted any legal filings related to the injunction at issue.

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