San Luis & Delta-Mendota Water Auth. v. Jewell, No. 11-15871

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtOpinion by Judge Bybee
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
Docket NumberNo. 11-16662,No. 11-16623,No. 11-16660,No. 11-16624,No. 11-16621,No. 11-16617,No. 11-15871

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
...

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