Yurok Tribe v. U.S. Bureau of Reclamation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YUROK TRIBE, et al., Case No. 19-cv-04405-WHO

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS CROSSCLAIM, GRANTING

MOTION TO DISMISS

U.S. BUREAU OF RECLAMATION, et al., SUPPLEMENTAL COMPLAINT Defendants. Re: Dkt. Nos. 991, 992

Before me are two motions to dismiss: one filed by the Oregon Water Resources Department (“OWRD”) against a crossclaim brought by the United States, the other by OWRD Director Thomas Byler against a supplemental complaint brought by the Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations, and Institute for Fisheries Resources (collectively, “the plaintiffs”). There is significant overlap between the crossclaim, supplemental complaint, and corresponding motions to dismiss, which center on the lawfulness of an order issued by the OWRD preventing the U.S. Bureau of Reclamation (“Bureau”) from releasing water classified as stored at the Upper Klamath Lake in Oregon. The…