White

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SEAN K WHITE, Case No. 3:22-cv-06143-JSC

Plaintiff,

ORDER RE: MOTION FOR

v. PRELIMINARY INJUNCTION

UNITED STATES ARMY CORPS OF Re: Dkt. No. 50 ENGINEERS, et al., 11 Defendants.

12 Plaintiff moves for a preliminary injunction under the Endangered Species Act of 1973 (“ESA”). He alleges Defendants’ “flood control releases,” which release water from the Coyote Valley Dam into the Russian River, are injuring protected species of salmonids. After carefully considering the parties’ submissions and having had the benefit of oral argument on October 17, 2023, the Court DENIES Plaintiff’s motion. Plaintiff failed to establish the “serious or extreme” harm he admits is required for issuance of a preliminary injunction. Moreover, even if Plaintiff had established such harm, Plaintiff failed to demonstrate his proposed injunction will remedy the harm he alleges. BACKGROUND I. THE COYOTE VALLEY DAM’S FLOOD…