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Army Corps Suffers Setback In Yuba River ESA Case

Law360 (May 6, 2009, 12:00 AM EDT) -- A federal judge has greenlighted a citizen plaintiffs' claim that the U.S. Army Corps of Engineers failed to comply with an incidental take statement issued for three species of federally listed fish that live in California's Yuba River.

The suit, filed by the South Yuba River Citizens League and Friends of the River, alleges among other things that the Army Corps violated the Endangered Species Act by unlawfully “taking” Chinook salmon, steelhead and green sturgeon in its operation and licensing of two dams.

The Army Corps...
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