Coalition for a Sustainable Delta v. JOHN McCAMMAN

MEMORANDUM DECISION RE PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (DOC. 114)

I. INTRODUCTION

This case concerns enforcement by the California Department of Fish and Game (“CDFG”), through its Director John McCamman, (“State Defendant”) of state sportfishing regulations designed to protect striped bass population in the Sacramento-San Joaquin Delta. Plaintiffs, the Coalition For a Sustainable Delta, et al., (“Plaintiffs” or “the Coalition”), allege that State Defendants’ enforcement of these regulations violates section 9 of the Endangered Species Act (“ESA” or “Section 9”), because striped bass prey on and take various ESA-listed species.

Plaintiffs move for summary judgmenVadjudication that: (1) Plaintiff Dee Dillon has standing; (2) State Defendant’s enforcement of the striped bass sportfishing regulations violates Section 9; and (3) the Central Valley Improvement Act (“CVPIA”), Pub. L. 102-575,106 Stat. 4600 (1992), does not provide a legitimate affirmative defense in this case. Doc. 114. State Defendant and Defendant Intervenors Central Delta Water Agency, et al. (“Central Delta”) oppose Plaintiffs’ motion. Docs. 123 & 125. Central Delta’s opposition focuses primarily on the…