United States Ninth Circuit
Modesto Irrigation Dist. v. Gutierrez, 09-15214
In an action by irrigation districts challenging the decision of the National Marine Fisheries Service (NMFS) to list the steelhead, a type of Pacific salmon, as a threatened species in California's Central Valley, summary judgment for defendant is affirmed where: 1) Section 1532(16) of the Endangered Species Act did not require that interbreeding organisms be placed in the same distinct population segment; and 2) the government provided an adequate rationale for the change in policy.
Appellate Information
- Decided 08/20/2010
- Published 08/20/2010
Judges
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Tim O’Laughlin, Anna T. Katselas