LAWSUITS FILED OR PENDING

January 2010

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District Court Holds U.S. Bureau of Reclamation Required to Perform NEPA Review for Implementation of Delta Smelt Biological Opinion
San Luis & Delta Mendota Water Authority v. Salazar (Delta Smelt Consolidated Cases)

On November 13, 2009, Judge Oliver Wanger of the U.S. District Court for the Eastern District of California ruled on the cross-motions for summary judgment in the Delta Smelt Consolidated Cases arising out of the December 15, 2008 biological opinion (BiOp). The U.S. Fish and Wildlife Service prepared the 2008 BiOp pursuant to the federal Endangered Species Act (ESA) in order to address the impacts on the endangered Delta smelt of the plan for continued, coordinated operations of the Central Valley Project (CVP) and State Water Project (SWP). The court ruled that the plaintiffs were entitled to summary judgment on their claims under the National Environmental Policy Act (NEPA) against the U.S. Bureau of Reclamation (Bureau) because the Bureau violated NEPA by failing to perform any environmental review prior to provisionally adopting and implementing the 2008 BiOp.