On July 10, 2012, the United States Court of Appeals for the Ninth Circuit issued a notice of oral argument in the Consolidated Delta Smelt Cases appeals, Ninth Circuit Case Nos. 11-15871, 11-16617, 11-16621, 11-16623, 11-6624, 11-16660, 11-16662, and 11-17143. The lead appeal is also referred to as San Luis & Delta-Mendota Water Authority, et al. v. Salazar, et al. Hearing on the appeal will occur September 10, 2012, at 9:00 a.m. in the Lloyd D. George United States Courthouse in Las Vegas, Nevada. The court will reveal the identity of panel members not earlier than the week before the case will be heard.
The court will hear oral argument on appeals regarding two decisions from the United States District Court for the Eastern District of California: 1) the district court’s December 14, 2010 Memorandum Decision re Cross Motions for Summary Judgment, and the related May 18, 2011 final judgment, which held that the U.S. Fish and Wildlife Service’s (“FWS”) 2008 delta smelt biological opinion (“BiOp”) and Reasonable and Prudent Alternative (“RPA”) were arbitrary, capricious, and unlawful and remanded the BiOp and RPA to FWS; and 2) the district court’s August 31, 2011 decision that enjoined the federal government from implementing the so-called “Fall X2” measure, which, absent the injunction, would have restricted California’s water supply by hundreds of thousands of acre feet.
Briefing completed in the so-called “Merits Appeal” on May 25, 2012, while briefing completed in the so-called “X2 Appeal” on April 5, 2012. An order granting the motion to consolidate the Merits Appeal and X2 Appeal, which were separately briefed, for oral argument, was filed on May 25, 2012.
If you have any questions regarding this announcement, please contact Daniel J. O’Hanlon, Rebecca Akroyd, or Hanspeter Walter, or the KMTG attorney with whom you normally consult.
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Showing posts with label Smelt Biop. Show all posts
Showing posts with label Smelt Biop. Show all posts
Wednesday, July 18, 2012
Friday, February 10, 2012
Department of Interior Announces Over $11 Million in Funding for the Central Valley Project
The Secretary of the Interior, Ken Salazar, recently announced $50 million in funding for water infrastructure projects in the West, including over $11 million in funding for the Central Valley Project (CVP).
The 2012 Spending Plan for the Bureau of Reclamation, which manages and operates the CVP, allocates over $11 million in funding to the CVP for fish screens and fish passage facilities ($4.3 million); water conservation and water delivery activities ($4 million); environmental restoration and compliance ($1.75 million); and facility operation and maintenance ($1.044 million). The remaining funds will be spent on a variety of projects throughout the West, with $30 million allocated to rural water construction projects in North Dakota, Montana, New Mexico, and elsewhere. The Bureau's 2012 budget may be found here.
Notably, the 2012 Spending Plan states that the funds for CVP-related environmental restoration and compliance will “support the completion of the National Environmental Policy Act and Endangered Species Act environmental compliance processes to comply with federal district court rulings on both the U.S. Fish and Wildlife Service and National Marine Fisheries Service Biological Opinions.” As we previously reported, a federal district court concluded that the 2009 Salmonid Biological Opinion prepared by the National Marine Fisheries Service (NMFS) was arbitrary, capricious, and unlawful and remanded the Biological Opinion back to NMFS. The same court concluded that the 2008 Delta Smelt Biological Opinion prepared by the U.S. Fish and Wildlife Service (FWS) was arbitrary, capricious, and unlawful and remanded that Biological Opinion back to FWS. (See related stories here and here.)
For more information regarding this matter, please contact Elizabeth Leeper or the KMTG attorney with whom you normally consult.
Related stories:
The 2012 Spending Plan for the Bureau of Reclamation, which manages and operates the CVP, allocates over $11 million in funding to the CVP for fish screens and fish passage facilities ($4.3 million); water conservation and water delivery activities ($4 million); environmental restoration and compliance ($1.75 million); and facility operation and maintenance ($1.044 million). The remaining funds will be spent on a variety of projects throughout the West, with $30 million allocated to rural water construction projects in North Dakota, Montana, New Mexico, and elsewhere. The Bureau's 2012 budget may be found here.
Notably, the 2012 Spending Plan states that the funds for CVP-related environmental restoration and compliance will “support the completion of the National Environmental Policy Act and Endangered Species Act environmental compliance processes to comply with federal district court rulings on both the U.S. Fish and Wildlife Service and National Marine Fisheries Service Biological Opinions.” As we previously reported, a federal district court concluded that the 2009 Salmonid Biological Opinion prepared by the National Marine Fisheries Service (NMFS) was arbitrary, capricious, and unlawful and remanded the Biological Opinion back to NMFS. The same court concluded that the 2008 Delta Smelt Biological Opinion prepared by the U.S. Fish and Wildlife Service (FWS) was arbitrary, capricious, and unlawful and remanded that Biological Opinion back to FWS. (See related stories here and here.)
For more information regarding this matter, please contact Elizabeth Leeper or the KMTG attorney with whom you normally consult.
Related stories:
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