RECENT FEDERAL DECISIONS

August/September 2003

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Ninth Circuit Issues Memorandum of Decision— District Court Judge Responds Regarding Department of Interior Discretion to Determine Purposes for CVPIA Water Releases
Bay Institute of San Francisco v. United States

In a rare move, Judge Oliver W. Wanger of the Eastern District of California, Fresno has requested the Ninth Circuit Court of Appeals to reconsider a decision in which the Ninth Circuit purports to overturn one of his rulings. The District Court decision in question addresses S 3406(b)(2) of the Central Valley Project Improvement Act of 1992 (CVPIA) ((b)(2)) which requires that the U.S. Department of the Interior (DOI) release 800,000 acre-feet per year (afy) of water from the Central Valley Project (CVP) for environmental purposes.