9th Circ. To Rehear ESA Suit Over Calif. Water Contracts

Law360, New York (March 5, 2013, 5:29 PM EST) -- The Ninth Circuit on Tuesday agreed to rehear en banc a July decision striking down an environmental coalition's challenge to dozens of 25- and 40-year water supply contracts in California, giving new life to claims that the agreements are illegally harming fish populations protected under the Endangered Species Act.

A majority of the appeals court's judges agreed to take on the case again following a split decision against the Natural Resources Defense Council and other environmental groups holding that the plaintiffs could not show any actionable...
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