LAWSUITS FILED OR PENDING

July 2009

To read this entire item of approximately 2000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Recent Ruling by the U.S. District Court Provides Clarification on the Federal Government’s Ability to Account for Water Designated for Species Protection
San Luis & Delta-Mendota Water Authority v. U.S. Department of the Interior

In a recent order, the U.S. District Court for the Eastern District of California granted a motion to reconsider an earlier order authorizing the U.S. Department of the Interior to exclude water released for environmental purposes from mandated water flows aimed at doubling salmon populations under the Central Valley Project Improvement Act (CVPIA). While the motion was granted, the previous conclusion was upheld: How water is accounted for under the CVPIA is soundly within the discretion of the agency and will not be disturbed on judicial review. The decision is a reminder that complexities related to the Sacramento-San Joaquin Delta and environmental issues will not end soon.