Friends of the River v. Nat'l Marine Fisheries Serv.

I. INTRODUCTION

This litigation concerns three species of threatened fish and two federally-managed dams in the Yuba River. Friends of the River ("Plaintiff" or "FOR") sued the United States Army Corps of Engineers (the "Corps") and National Marine Fisheries Service ("NMFS") (collectively, "Federal Defendants") alleging violations of the Endangered Species Act and Administrative Procedures Act. Yuba County Water Agency ("YCWA" or "Intervenor") intervened in the case. ECF No. 16. Parties filed cross-motions for summary judgment, ECF Nos. 33, 38, 41, which were followed by opposition and reply briefs, ECF Nos. 49, 54, 57. For the reasons set forth below, the Court DENIES Plaintiff's motion, GRANTS Federal Defendants' motion, and GRANTS Intervenor's motion.

II. BACKGROUND

A. Endangered Species Act

The Endangered Species Act of 1973 (ESA) "reflects a conscious decision by Congress to give endangered species priority over the primary missions of federal agencies." W. Watersheds Project v. Kraayenbrink , 632 F.3d 472 , 495 (9th Cir. 2011) (quoting Tenn. Valley Auth. v. Hill , 437 U.S. 153 , 180, 98 S.Ct. 2279 , 57 L.Ed.2d 117 (1978) (" TVA v. Hill") (internal quotations marks…