|RECENT FEDERAL DECISIONS|
Court of Appeals: Ninth Circuit Holds Federal Legislation Exempts All-American Canal-Lining Project from Environmental Review
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Consejo de Desarrollo Economico de Mexical v. U.S., ___F.3d___
The Ninth Circuit Court of Appeals cleared the way for commencement of the concrete lining of the All-American Canal by determining that an environmental challenge to halt the lining project was moot. Based upon Congressional legislation passed in December 2006 (2006 Tax Relief and Health Care Act) that instructed the Secretary of the Interior to move forward immediately with the Canal lining project, the Ninth Circuit concluded it could not provide any effectual relief in the pending appeal. The 2006 Act rendered the statutory environmental claims moot because to enjoin the lining project would be contrary to Congress’s express instructions.
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Read related items on:
Statutes - Federal) National Environmental Policy Act) All American Canal
Statutes - Federal) Tax Relief and Health Care Act of 2006) Lining of All American Canal
Topics) Water Projects) All American Canal
Topics) Water Supply) Colorado River
California) Imperial Valley
9th Circuit Court of Appeals
Consejo de Desarrollo Economico de Mexicali, I.C. v. United States, et al