ELR Citation: 55 ELR 20083
No(s). 1:20-cv-00706 JLT EPG (E.D. Cal. Jun 29, 2025) (Thurston, J.)

A district court denied summary judgment for environmental groups in a challenge to the Bureau of Reclamation's application of provisions of the Water Infrastructure Improvements for the Nation (WIIN) Act governing certain kinds of contracts for water delivery from the federal Central Valley Project. The groups argued the Bureau had a duty to perform NEPA review before converting the disputed contracts from water service contracts to permanent, accelerated repayment contracts, and that its conversion of the contracts without the requisite review violated the APA. They also argued the conversions directly or indirectly impact ESA-listed species and their critical habitats and that the Bureau violated the ESA by approving them without first consulting with FWS and/or NMFS. The court agreed with and adopted the Bureau's interpretation that the WIIN Act requires contract conversion upon request and strips the Bureau of discretion to modify any contractual rights other than those related to the financial terms specifically addressed in the Act. It denied summary judgment for the groups and granted the Bureau's cross-motion.