Natural Res. Defense Council v. Salazar

In this appeal, the Ninth Circuit Court of Appeals addressed whether the renewal of forty-one water supply contracts by the United States Bureau of Reclamation violated section 7(a)(2) of the Endangered Species Act (ESA) and illegally threatened the existence of the delta smelt. The contracts at issue fell into two groups: (1) users who obtained water from the Delta-Mendota Canal (DMC contracts), and (2) parties who claimed to hold water rights senior to those held by the U.S. Bureau of Reclamation with regard to a Central Valley Project and who previously entered into settlement contracts with the Bureau (settlement contractors). The district court granted summary judgment for Defendants, finding that Plaintiffs lacked standing to challenge the DMC contracts and that Plaintiffs' claims against the settlement contractors failed because the contracts were not discretionary and were thus exempted from section 7(a)(2) compliance. The Ninth Circuit Court of Appeals affirmed, holding that the district court properly granted summary judgment for Defendants, finding that Plaintiffs lacked standing with regard to the contracts and that section 7(a)(2) of the ESA did not apply to the settlement contracts. View "Natural Res. Defense Council v. Salazar" on Justia Law