United States Ninth Circuit

In an action brought by environmental groups under the Endangered Species Act (ESA) concerning long-term contracts the federal Bureau of Reclamation entered into pertaining to California's Central Valley Project, the threatened delta smelt, and the requirement under section 7(a)(2) of the ESA that federal agencies must consult with the US Fish and Wildlife Service or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service prior to taking any administrative action that could affect an endangered or threatened species or its critical habitat, the district court's judgment is reversed where: 1) intervening events have not rendered this action moot; 2) the contractual provisions at issue do not deprive plaintiffs of standing from bringing a procedural challenge under section 7(a)(2); and 3) the Bureau was required to engage in a section 7(a)(2) consultation.

Appellate Information

• Decided 04/17/2014
• Published 04/17/2014

Judges

• Smith

Court

• United States Ninth Circuit

Counsel