NMFS
South Yuba River Citizens League v. National Marine Fisheries Service
Opinion
Opinion
Karlton, J.
ORDER
The remaining claims in this suit concern two dams and related water diversions on the Yuba River. The dams are operated by the Army Corps of Engineers (“Corps”). The river is home to populations of Chinook salmon, steelhead, and green sturgeon listed as threatened under the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq. In 2007, the National Marine Fisheries Service (“NMFS”) issued a Biological Opinion (“BiOp”) concluding that the Corps’ future operations would not violate the ESA. Plaintiffs, two environmental groups, claim that NMFS’s BiOp is arbitrary and capricious and that the Corps’ operations are causing take of protected salmon and steelhead. Remaining defendants in this case are NMFS, the Corps, and various federal officials, collectively the “Federal Defendants.”
Pending before the court are four motions. In one, plaintiffs seek summary judgment solely on the issue of plaintiffs’ standing to bring their claims. Separately, plaintiffs and Federal Defendants have filed cross motions for summary judgment as to liability. Finally, plaintiffs seek a preliminary injunction pending final resolution of this suit.