Natural Resources Defense Council v. Houston
Opinion
Lead Opinion
Tashima, J.
Various irrigation and water districts (Non-federal Defendants), that rely on water from the Friant dam, appeal the district court’s summary judgment decision that the Bureau of Reclamation (Bureau or Federal Defendant), violated the Endangered Species Act (ESA) by renewing water contracts prior to completing required endangered species consultations. These defendants also appeal the district court’s conclusion that Section 8 of the Reclamation Act, 43 U.S.C. § 383 , mandates compliance with Section 5937 of the California Fish and Game Code. Various environmental groups led by the National Resources Defense Council (Plaintiffs), cross-appeal the district court’s summary judgment decision that the Bureau was not required to comply with National Environmental Policy Act (NEPA) and appeal the dismissal of the Section 8/Section 5937 claim as unripe.
We affirm the district court’s holding that the ESA was violated and its decision to rescind the contracts at issue. We remand for a determination on the Section 8/Section 5937 claim.
BACKGROUND
The Central Valley Project (CVP) is a multi-unit reclamation project administered by the Bureau. The Friant dam unit of the CVP was built on…