|
On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges to the federal environmental review of certain long-term water supply contracts for the Central Valley Project (“CVP”). Specifically, the Ninth Circuit held that the Bureau of Reclamation (“Reclamation”), Fish & Wildlife Service (“FWS”), and National Marine Fisheries Service (“NMFS”) complied with the Endangered Species Act (“ESA”) in evaluating the effects of executing and implementing these contracts on listed species. The opinion is the latest development in a nearly 20-year-old case that is in its second round of review by the Ninth Circuit.
The Sacramento River Settlement Contractors (“Settlement Contractors”) are agricultural, municipal, and industrial water users who hold senior water rights to the Sacramento River. Downey Brand represents a large group of Settlement Contractors in this case.
| 
