ELR Citation: 44 ELR 20089
No(s). 09-17661 (9th Cir. Apr 16, 2014)

The Ninth Circuit held that the Bureau of Reclamation should have consulted with FWS or NMFS on impacts to the threatened delta smelt prior to renewing long-term water contracts pertaining to California's Central Valley Project. ESA §7(a)(2) requires such consultation so long as the agency has “s...