Aqualliance

Aqualliance v. U.S. Bureau of Reclamation

Good Law
287 F. Supp. 3d 969
United States District Court, Eastern District of CaliforniaFebruary 15, 20181:15–CV–754–LJO–BAMCalifornia44,102 words

Opinion

Lead Opinion

Lawrenceneill, J.

I. INTRODUCTION

Plaintiffs, 1 various water resource management and conservation organizations, challenge Defendants' 2 "10-year water transfer program to move water from sellers located upstream of the Sacramento/San Joaquin Delta ('Delta') to willing buyers south of the Delta" (the "Project"). ECF No. 16, First Amended Complaint ("FAC") at ¶ 2. Specifically, Plaintiffs assert Reclamation's and the Authority's creation and approval of the Project's Final Long-Term Water Transfers Environmental Impact Statement/Environmental Impact Report 3 ("FEIS/R") violated the National *985 Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321 et seq. , the Central Valley Project Improvement Act ("CVPIA"), Public Law 102-575 4 , and the California Environmental Quality Act ("CEQA"), Cal. Pub. Res. Code §§ 21000 et seq. Plaintiffs also assert FWS's approval of the Project's Final Biological Opinion ("BiOp") and Incidental Take Statement ("ITS") violated the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531 et seq. FAC at ¶ 1.

Before the Court are the parties' cross-motions for summary judgment. ECF Nos. 45, 48, 49, 50. The parties did not request a hearing on the motions and the Court did not…

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