9th Circ. Nixes Eco Group's Suit To Stop Gov't Water Diversion
By Kurt Orzeck
Law360, Los Angeles (September 11, 2013, 4:08 PM ET) -- The Ninth Circuit dismissed an environmental group's attempt to stop the federal government from diverting water at a Colorado River creek over fears the native salmon population might thin out, ruling Wednesday that the public can't independently enforce a Washington state water law permit requirement.
The appellate court found the Wild Fish Conservancy lacked prudential standing in its claim that the government broke laws by not complying with Washington water code requirements. Federal laws don't allow private parties who lack water rights to compel the enforcement...