9th Circ. Preserves FWS Plan To Protect Endangered Fish

Law360, San Francisco (March 13, 2014, 4:10 PM EDT) -- The U.S. Fish and Wildlife Service will not have to revamp a plan aimed at protecting California's endangered Delta smelt, but the U.S. Bureau of Reclamation must analyze the potential environmental effects of that plan, the Ninth Circuit ruled in a published opinion Thursday.

In a massive 168-page order in the sprawling case that pits California's municipal and agricultural water supply against endangered-species protection, the appeals panel largely overturned a 2010 California federal court ruling finding a Wildlife Service plan “arbitrary and capricious.” Although the lower...
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