US Ordered To Revamp Delta Smelt Protections

Law360, New York (December 15, 2010, 1:43 PM EST) -- A federal judge has ordered the U.S. Fish and Wildlife Service to re-examine and redraft portions of its rules protecting the endangered delta smelt in a long-awaited ruling in the fight between champions of the tiny fish and locals fed up with water usage restrictions designed to protect its habitat.

Judge Oliver Wanger of the U.S. District Court for the Eastern District of California ruled Tuesday on a consolidated challenge to the delta smelt rules that the FWS' 2008 biological opinion was arbitrary, capricious and unlawful,...
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