ELR Citation: 53 ELR 20025
No(s). 19-cv-04405-WHO (N.D. Cal. Feb 6, 2023) (Orrick, J.)

A district court granted summary judgment for BLM, fishing groups, and a tribe in a challenge to the Oregon Water Resources Department's (OWRD's) order prohibiting the Bureau from releasing water from Upper Klamath Lake. The plaintiffs argued BLM was required to comply with the ESA in operating the Klamath project, and that OWRD's order was preempted by the ESA and thus violated the Supremacy Clause. The court found that BLM was required to comply with the ESA, and that complying with OWRD's order would violate the Act by jeopardizing the coho salmon and southern resident killer whale. It further found the order was preempted by the ESA because it stood as an obstacle to the accomplishment and execution of Congress' purpose and objective in enacting the Act—protecting and restoring endangered species. The court granted summary judgment for the plaintiffs and enjoined OWRD from enforcing the order.