Calif. Water Pacts Illegally Threaten Smelt, 9th Circ. Told
By Beth Winegarner
Law360, San Francisco (September 19, 2013, 8:07 PM ET) -- A coalition of environmental groups urged an en banc panel of the Ninth Circuit on Thursday to revive its allegations that the federal government violated the Endangered Species Act when it negotiated dozens of long-term water supply contracts in California that allegedly harm delta smelt.
The environmental groups, led by the National Resources Defense Council, argued that the Bureau of Reclamation violated one of the act's requirements by not consulting with contractors to adjust water flows in ways that would protect the smelt.