Eastern District Orders Interim Remedies to Protect ESA-Listed Species

On July 26, 2011, Senior Judge Lawrence K. Karlton of California's Eastern District Federal Court issued a remedy order in an Endangered Species Act case.  In the case, South Yuba River Citizens League and Friends of the River v. National Marine Fisheries Service et al., environmental groups successfully proved their claim that a biological opinion issued by the National Marine Fisheries Service to the U.S. Army Corps of Engineers for operation of Englebright and Daguerre dams on the Yuba River was arbitrary and capricious.  The court required the agency to issue a legally sufficient opinion by December 12, 2011.  The environmental plaintiffs then filed a motion seeking additional physical protections for three ESA-protected species during the interim period before completion of the new opinion.  The court granted the motion in part and denied it in part.  Among the interim remedies ordered by the court were that the federal agencies prepare studies, make physical improvements, and conduct routine inspections of the water facilities so as to avoid jeopardizing the species.  The court's opinion can be found here.

If you have any questions concerning this topic, please contact Hanspeter Walter from our office, or the KMTG attorney with whom you normally consult.