United States Ninth Circuit
Wild Fish Conservancy v. Jewell, 10-35303
Plaintiff's challenge to the government's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery is dismissed, where: 1) plaintiff lacks prudential standing to bring an Administrative Procedure Act challenge alleging that the federal defendants violated section 8 of the Reclamation Act of 1902 by failing to comply with the Washington water code’s permit requirement; and 2) the Court lacks jurisdiction to consider plaintiff's other claims because they either do not challenge final agency action or rest on provisions of Washington law that are not incorporated into federal reclamation law.
Appellate Information
- Decided 09/11/2013
- Published 09/11/2013
Judges
- THOMAS
Court
- United States Ninth Circuit