9th Circ. Flushes NRDC Challenge To Calif. Water Contracts

Law360, Los Angeles (July 17, 2012, 9:24 PM EDT) -- A divided Ninth Circuit affirmed a decision Tuesday striking down the Natural Resources Defense Council's challenge to dozens of long-term water supply contracts in California, saying environmental groups lacked standing to sue on some, while others were outside federal agency discretion.

In a split decision by a three-judge panel, Circuit Judge Proctor Hug Jr. said that a coalition of environmental groups led by the NRDC couldn't show that threats to the endangered delta smelt created an actionable injury under the Endangered Species Acts, since the contracts...
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