San Luis & Delta-Mendota Water Auth. v. Jewell, Nos. 11–15871

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation747 F.3d 581
Docket NumberNos. 11–15871,11–16621,11–16623,11–16624,11–16660.,11–16617,11–16662
PartiesSAN 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.
Decision Date13 March 2014

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
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257 practice notes
  • Grand Canyon Trust v. Williams, No. CV–13–08045–PCT–DGC.
    • United States
    • U.S. District Court — District of Arizona
    • April 7, 2015
    ...where a proposed federal action would not change the status quo, an EIS is not necessary.” San Luis & Delta–Mendota Water Auth. v. Jewell, 747 F.3d 581, 646 (9th Cir.2014) (quoting Upper Snake River Chapter of Trout Unlimited v. Hodel, 921 F.2d 232, 235 (9th Cir.1990) ). The Ninth Circuit h......
  • City & Cnty. of S.F. v. U.S. Citizenship & Immigration Servs., Case No. 19-cv-04717-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 11, 2019
    ...its judgment for that of the agency." Motor Vehicle Mfrs. Ass'n, 463 U.S. at 43; San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 601 (9th Cir. 2014) ("Although our inquiry must be thorough, the standard of review is highly deferential; the agency's decision is 'entitled to a p......
  • Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • August 1, 2018
    ...interpretation of Squires et al. , which is precisely the agency's area of expertise. See San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) ("Where the agency has relied on relevant evidence such that a reasonable mind might accept as adequate to support a c......
  • Walker Macy LLC v. U.S. Citizenship & Immigration Servs., Case No. 3:16–cv–995–SI
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 17, 2017
    ...capricious, an abuse of discretion, or otherwise not in accordance with law.’ " San Luis & Delta–Mendota Water Auth. v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) (quoting 5 U.S.C. § 706(2)(A) ). A reviewing court "must consider whether the decision was based on a consideration of the relev......
  • Request a trial to view additional results
254 cases
  • Grand Canyon Trust v. Williams, No. CV–13–08045–PCT–DGC.
    • United States
    • U.S. District Court — District of Arizona
    • April 7, 2015
    ...where a proposed federal action would not change the status quo, an EIS is not necessary.” San Luis & Delta–Mendota Water Auth. v. Jewell, 747 F.3d 581, 646 (9th Cir.2014) (quoting Upper Snake River Chapter of Trout Unlimited v. Hodel, 921 F.2d 232, 235 (9th Cir.1990) ). The Ninth Circuit h......
  • City & Cnty. of S.F. v. U.S. Citizenship & Immigration Servs., Case No. 19-cv-04717-PJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 11, 2019
    ...its judgment for that of the agency." Motor Vehicle Mfrs. Ass'n, 463 U.S. at 43; San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 601 (9th Cir. 2014) ("Although our inquiry must be thorough, the standard of review is highly deferential; the agency's decision is 'entitled to a p......
  • Native Ecosystems Council v. Erickson, CV 17-53-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • August 1, 2018
    ...interpretation of Squires et al. , which is precisely the agency's area of expertise. See San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) ("Where the agency has relied on relevant evidence such that a reasonable mind might accept as adequate to support a c......
  • Walker Macy LLC v. U.S. Citizenship & Immigration Servs., Case No. 3:16–cv–995–SI
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 17, 2017
    ...capricious, an abuse of discretion, or otherwise not in accordance with law.’ " San Luis & Delta–Mendota Water Auth. v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) (quoting 5 U.S.C. § 706(2)(A) ). A reviewing court "must consider whether the decision was based on a consideration of the relev......
  • Request a trial to view additional results
2 books & journal articles
  • Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
    • United States
    • Environmental Law Reporter Nbr. 49-11, November 2019
    • November 1, 2019
    ...Wildlife Fed’n v. Nat’l Marine Fisheries Serv., 886 F.3d 803 (9th Cir. 2018). 81. See San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 44 ELR 20056 (9th Cir. 2014). 82. One of the government’s more ambitious arguments involved the 2002 consultation on operations of the Bureau’s......
  • Revisiting Small Populations in Jeopardy: A Rejoinder to Börk et al.
    • United States
    • Environmental Law Reporter Nbr. 51-7, July 2021
    • July 1, 2021
    ...rulemaking, 84 Fed. Reg. 44976, 44987 (Aug. 26, 2019). 19. 16 U.S.C. §1536(a)(2). 20. San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 601, 44 ELR 20056 (9th Cir. 2014). Börk et al., supra note 1, at 10715. 21. 5 U.S.C. §706(2)(A). 22. San Luis & Delta-Mendota Water Auth. , 747......

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