JUDICIAL DEVELOPMENTS

August 2006

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Ninth Circuit Affirms Summary Judgment In Favor of the Bureau of Reclamation in Its Execution of Plan under the Central Valley Project
Central Delta Water Agency v. U.S. Bureau of Reclamation, ____ F.3d. ____

On May 22, 2006 the U.S. Court of Appeals for the Ninth Circuit upheld a grant of summary judgment in favor the U.S. Bureau of Reclamation (Bureau), where even though it appeared the Bureau proposed plan to protect wildlife would violate a California water permit condition for salinity concentration, no such violation has yet occurred, and the agency has discretion in administering the plan in order to avoid such violations in the future.