ELR Citation: 54 ELR 20073
No(s). 22-cv-06143-JSC (N.D. Cal. May 6, 2024) (Corley, J.)

A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam. The biologist argued the operations, which released water from the dam into the Russian River, violated §9 of the ESA by unlawfully "taking" listed salmonid species, and that the Corps and NMFS violated ESA §7 by failing to reinitiate consultation; and sought a preliminary injunction. The court found the releases caused unlawful take of protected salmonids, at least by harassing them, and that the agencies failed to timely reinitiate consultation. It granted summary judgment for the biologist, and held his requested injunctive relief in abeyance pending completion of the agencies' reinitiated consultation or further court order.