ELR Citation: 54 ELR 20079
No(s). 21-15163 (9th Cir. May 23, 2024)

The Ninth Circuit affirmed a district court ruling in favor of the Bureau of Reclamation and FWS in a challenge to the agencies' renewal of water supply contracts in California. Environmental groups argued that FWS conducted an inadequate consultation on the effects of the renewals on delta smelt and its critical habitat, that Reclamation violated the ESA by executing and implementing contracts in reliance on FWS' allegedly faulty analysis, and that Reclamation failed to reinitiate consultation with NMFS regarding the effect of continued implementation of the contracts on winter-run and spring-run Chinook salmon. The appellate court concluded the agencies complied with their obligations under the APA and the ESA, affirmed the district court's summary judgment for the agencies with respect to the first two claims, and affirmed dismissal of the third for failure to state a claim.