In re Consolidated Delta Smelt Cases

ELR Citation: 44 ELR 20043
No(s). 1:09-cv-00407 et al (E.D. Cal. Mar 5, 2014) (O'Neill, J.)

A district court extended FWS' deadline to complete its biological opinion (BiOp) for the threatened delta smelt, the U.S. Bureau of Reclamation's deadline to complete its related analysis under NEPA, and NMFS' deadline to complete its BiOp and a related NEPA analysis for endangered salmonid species, in connection with the proposed operation of the federal Central Valley Project and State Water Project. The court determined that substantial progress has been made thus far and therefore granted a one-year extension to the agencies. However, to ensure that the agencies are moving forward according to their own proposed schedules, they will be required to submit interim joint status reports every four months.

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