In 2010, the Coalition and Kern County Water Authority filed a lawsuit against the Federal Emergency Management Agency (FEMA) for violation of the ESA for failure to assess the impacts of its National Flood Insurance Program (NFIP) on threatened and endangered species in the Delta.

The NFIP had encouraged practices that removed land from floodplains, thus further destroying habitat and impairing ecosystems that listed species rely upon in the Delta. The court approved a settlement in March 2012, pursuant to which FEMA was required to initiate consultation under section 7 of the ESA.