Hearing on Motion to Stay Fall X2 Injunction Set for September 16
As we recently reported, the Natural Resources Defense Council has moved to stay Judge Oliver Wanger’s August 31 order enjoining the federal government from implementing the “Fall X2” measure under the Delta smelt biological opinion. The United States Fish and Wildlife Service subsequently filed a similar motion. Following a brief hearing on September 9, the Court directed the plaintiffs to file an opposition to the motion no later than September 14 and scheduled a full hearing at noon on September 16. We will report on the outcome of that hearing.