San Luis & Delta-Mendota Water Auth. v. Jewell

• Decision Date: 13 March 2014
• Docket Number: Nos. 11–15871,11–16621,11–16623,11–16624,11–16660.,11–16617,11–16662,s. 11–15871
• Citation: 747 F.3d 581
• Parties: SAN LUIS & DELTA–MENDOTA WATER AUTHORITY; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee, v. Sally JEWELL, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; Mark Cowin, Director, California Department of Water Resources; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants, and Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellants. San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs, California Department of Water Resources, Intervenor–Plaintiff, and State Water Contractors, Plaintiff–Appellant, v. Sally Jewell, as Secretary of the Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau Of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers; U.S. Department of the Interior, Defendants–Appellees, Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees. San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors, Plaintiffs, California Department of Water Resources, Intervenor–Plaintiff, and Metropolitan Water District of Southern California, Plaintiff–Appellant, v. Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees, Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees. San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee, v. Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, In her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellants, and Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants. San Luis & Delta–Mendota Water Authority; Westlands Water District, Plaintiffs–Appellants, and Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors; Metropolitan Water District of Southern California, Plaintiffs, California Department of Water Resources, Intervenor–Plaintiff, v. Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees, Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees. State Water Contractors, Plaintiff–Appellant, v. Sally Jewell, as Secretary of the Department of the Interior; United States Department of Justice; Daniel M. Ashe, as Acting Director of the U.S. Fish and Wildlife Service; U.S. Fish & Wildlife Service; Mark Cowin, Director, California Department of Water Resources; California Department of Water Resources, Defendants–Appellees. Metropolitan Water District of Southern California, Plaintiff–Appellant, v. U.S. Fish & Wildlife Service; Sally Jewell, Secretary of the Department of the Interior; Daniel M. Ashe, Acting Director of the U.S. Fish and Wildlife Service; United States Bureau of Reclamation; J. William Mcdonald; California Department of Water Resources; Mark Cowin, Director, California Department of Water Resources, Defendants–Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

747 F.3d 581

SAN LUIS & DELTA–MENDOTA WATER AUTHORITY; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee,
v.
Sally JEWELL, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; Mark Cowin, Director, California Department of Water Resources; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants,
and
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellants.
San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
and
State Water Contractors, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau Of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers; U.S. Department of the Interior, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.
San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
and
Metropolitan Water District of Southern California, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.
San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, In her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellants,
and
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants.
San Luis & Delta–Mendota Water Authority; Westlands Water District, Plaintiffs–Appellants,
and
Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors; Metropolitan Water District of Southern California, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.
State Water Contractors, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; United States Department of Justice; Daniel M. Ashe, as Acting Director of the U.S. Fish and Wildlife Service; U.S. Fish & Wildlife Service; Mark Cowin, Director, California Department of Water Resources; California Department of Water Resources, Defendants–Appellees.
Metropolitan Water District of Southern California, Plaintiff–Appellant,
v.
U.S. Fish & Wildlife Service; Sally Jewell, Secretary of the Department of the Interior; Daniel M. Ashe, Acting...