ELR Citation: 53 ELR 20038
No(s). 22-cv-06143-JSC (N.D. Cal. Mar 3, 2023) (Corley, J.)

A district court denied the Army Corps of Engineers' motion to dismiss an ESA citizen suit alleging the Corps' operation of a dam in California was unlawfully taking protected salmon species. An individual argued the Corps violated the ESA by jeopardizing salmon populations with the dam's flood control operations. The Corps moved to dismiss for prudential mootness because it had reinstituted the ESA consultation process with NMFS to determine the impact of turbidity on the species; or alternatively requested a stay pending completion of the consultation process. The court denied both the motion to dismiss and the request to stay, finding a live controversy remained and that a stay was not warranted at this time.