Legal
INVASIVE SPECIES
The Coalition for a Sustainable Delta has filed a lawsuit in federal district court against the California Department of Fish and Game (CDFG) for violating the federal Endangered Species Act (ESA) through its enforcement of State sport fishing regulations that protect the non-native striped bass at the expense of several native endangered and threatened species, including the delta smelt.
Legal Papers
- Press Release - Invasive Striped Bass Identified as Major Threat to Salmon (Feb. 26, 2010)
- Plaintiffs' Statement of Undisputed Facts
- Plaintiffs' Motion for Summary Judgment
- Rubin Declaration Supporting Plaintiffs' MSJ
- Exhibits 1-14
- Exhibits 15-18
- Exhibits 19/28
- Exhibits 29-45
- Exhibits 46-50
- Plaintiffs Memo of P&As Supporting MSJ
- Press Release - Federal Agencies Sued for ESA Violations - Agency Actions Harmful to Listed Species (June 3, 2009)
- Amended Complaint
- Press Release - Coalition for a Sustainable Delta Files Lawsuit Regarding Striped Bass Sports Fishing Regulations (Jan. 29, 2008)
- Amended Striped Bass complaint (Aug. 22, 2008)
- Notice of Intent to Sue re: Striped Bass (Oct. 25, 2007)
BIOLOGICAL OPINIONS
- Press Release - San Joaquin Valley Water Users File Suit Over Water Restrictions - Federal Actions To Protect Salmon Based On Flawed Science (Aug. 28, 2009)
- Complaint For Declaratory And Injunctive Relief
- Press Release - Water Users Sue Federal Agencies - Government Actions Exacerbating Water Crisis (Mar. 13, 2009)
- Complaint for Declaratory and Injunctive Relief
- Notice of Intent to Sue
- Press Release - Delta Coalition Files Complaint Over "Questionable" Science Used In Delta Operations Assessment (Sept. 8, 2008)
- Complaint About Information Quality
Wanger decision results in increased pumping through June
On May 25, 2010, Judge Wanger issued an order barring the National Marine Fisheries Service from implementing two actions that restrict water exports from the Central Valley Project and State Water Project pumping plants in the south Delta. The Court repeatedly criticized the federal government’s biological opinion and actions included in the reasonable and prudent alternative, characterizing portions of those documents as "unsupported by reasonable explanation," "simply indefensible," "inexplicable," and "not rational nor scientifically justified." It is estimated that the order will result in the delivery or an additional 50,000 acre-feet of water in the next three weeks.
In another victory for water users, on May 27, 2010, Judge Wanger issued an order declaring unlawful several portions of the biological opinion and reasonable and prudent alternative prepared by the United States Fish and Wildlife Service to protect delta smelt. The Court held that the federal government should have considered impacts on the human environment when implementing the pumping restrictions and that the specific restrictions imposed by the federal government were not "adequately justified by generally recognized scientific principles." In addition, Judge Wanger held that the federal government failed to use the best available science in analyzing and addressing take of delta smelt at the project pumps, which in the Court's view "raises the spectre of bad faith" on the part of the federal wildlife agency. The parties, including the Coalition, have agreed to work together to develop a temporary plan with regard to short-term Delta water operations. If an agreement cannot be reached, another hearing before Judge Wanger will take place to decide how the water projects will be operated as a result of the Court's decision.
WATER QUALITY
- Press Release - Delta Coalition Sues City of Stockton and San Joaquin County Over Illegal Pollution Discharges (Feb. 20, 2009)
- Complaint For Declaratory And Injunctive Relief And Civil Penalties - Press Release - Delta Coalition Initiates Legal Action on Illegal Pollution Discharges (July 1, 2008)
- Notice of Intent to Sue for Violations of the Clean Water Act and Endangered Species Act
- Pollutant Discharges
