Case Law San Luis & Delta-Mendota Water Auth. v. Jewell

San Luis & Delta-Mendota Water Auth. v. Jewell

Document Cited Authorities (125) Cited in (221) Related (2)

747 F.3d 581

SAN LUIS & DELTA–MENDOTA WATER AUTHORITY; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee,
v.
Sally JEWELL, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; Mark Cowin, Director, California Department of Water Resources; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants,
and
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellants.

San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
and
State Water Contractors, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau Of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers; U.S. Department of the Interior, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.

San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
and
Metropolitan Water District of Southern California, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.

San Luis & Delta–Mendota Water Authority; Westlands Water District; Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; State Water Contractors; Metropolitan Water District of Southern California; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance, Plaintiffs–Appellees, California Department of Water Resources, Intervenor–Plaintiff–Appellee,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, In her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellants,
and
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants.

San Luis & Delta–Mendota Water Authority; Westlands Water District, Plaintiffs–Appellants,
and
Stewart & Jasper Orchards; Arroyo Farms, LLC; King Pistachio Grove; Coalition for a Sustainable Delta; Kern County Water Agency; Family Farm Alliance; State Water Contractors; Metropolitan Water District of Southern California, Plaintiffs,
California Department of Water Resources, Intervenor–Plaintiff,
v.
Sally Jewell, as Secretary of the Department of the Interior; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Daniel M. Ashe, as Director of the U.S. Fish and Wildlife Service; Ren Lohoefener, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior; United States Bureau of Reclamation; Michael L. Connor, as Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Director of the U.S. Bureau of Reclamation, Mid–Pacific Region, U.S. Department of the Interior; United States Department of Justice; U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; Maritime Administration; Paul N. Jaenichen, Sr., in his official capacity as Acting Deputy Maritime Administrator; U.S. Department of Homeland Security; Jeh Johnson, in his official capacity as Secretary of Homeland Security; Federal Emergency Management Agency; William Craig Fugate, in his official capacity as Administrator of the Federal Emergency Management Agency; United States Army Corps of Engineers; Thomas P. Bostick, Commanding General and Chief of Engineers, United States Army Corps of Engineers, Defendants–Appellees,
Natural Resources Defense Council; The Bay Institute, Intervenor–Defendants–Appellees.

State Water Contractors, Plaintiff–Appellant,
v.
Sally Jewell, as Secretary of the Department of the Interior; United States Department of Justice; Daniel M. Ashe, as Acting Director of the U.S. Fish and Wildlife Service; U.S. Fish & Wildlife Service; Mark Cowin, Director, California Department of Water Resources; California Department of Water Resources, Defendants–Appellees.

Metropolitan Water District of Southern California, Plaintiff–Appellant,
v.
U.S. Fish & Wildlife Service; Sally Jewell, Secretary of the Department of the Interior; Daniel M. Ashe, Acting
...

5 cases
Document | U.S. District Court — Northern District of California – 2020
California v. Bernhardt
"... ... , The Wilderness Society, Fort Berthold Protectors of Water and Earth Rights, Western Organization of Resource ... Western Energy Alliance v. Jewell , No. 2:16-cv-00280-SWS (D. Wyo. petition filed Nov. 16, ... not easily lend [themselves] to judicial review." San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 621 ... "
Document | U.S. District Court — District of Idaho – 2019
Friends River v. Probert
"... ... court must generally be at its most deferential." San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 602 ... "
Document | U.S. District Court — District of Idaho – 2021
W. Watersheds Project v. Bernhardt
"... ... See 5 U.S.C. § 706(2) ; San Luis v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) ; NW ... that property contained wetlands subject to Clean Water Act was not a final agency action but was merely a "bare ... "
Document | U.S. District Court — District of Colorado – 2020
Oregon-California Trails Ass'n v. Walsh
"... ... commonly known as a ‘biological opinion.’ " San Luis & Delta-Mendota Water Auth. v. Salazar , 666 F. Supp. 2d ... v. Jewell , 747 F.3d 581, 602 (9th Cir. 2014). These precedents ... "
Document | U.S. District Court — Eastern District of California – 2021
Stand Up for California v. U.S. Dep't of Interior
"... ... Department of the Interior, Sarah Margaret Roffey Jewell, Bureau of Indian Affairs, Lawrence Roberts. Christopher ... San Joaquin River Grp. Auth. v. Nat'l Marine Fisheries Serv. , 819 F. Supp. 2d 1077, ... by operators of oil pipelines under the Clean Water Act. 960 F.3d at 874. The relevant statutory scheme ... See San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, ... "

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5 books and journal articles
Document | Chapter 1 National Environmental Policy Act
§1.4 - When Does NEPA Apply?
"...Alliance v. U.S. Dept of Interior, 344 F.Supp.2d 108 (D.D.C. 2004) (accord); see also San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014) (NEPA applies to implementation of Endangered Species Act biological opinion), cert, denied sub nom. Stewart & Jasper Orchards v..."
Document | Núm. 49-11, November 2019 – 2019
Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
"...Wildlife Fed’n v. Nat’l Marine Fisheries Serv., 886 F.3d 803 (9th Cir. 2018). 81. See San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 44 ELR 20056 (9th Cir. 2014). 82. One of the government’s more ambitious arguments involved the 2002 consultation on operations of the Bureau’s..."
Document | Table of Cases
Table of Cases
"...Dep't of Interior, 951 F2d 669 (5th Cir. 1992), cert. denied, 506 U.S. 823 (1992): 1.6(1) San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), cert, denied sub nom. Stewart & Jasper Orchards v. Jewell, 135 S. Ct. 948 (2015): 1.4(4) San Luis Obispo Mothers for Peace ..."
Document | - – 2019
Pesticide Litigation
"...decision making). 225. 40 C.F.R. § 1502.1. 226. Merrell v. Thomas, 807 F.2d 776 (9th Cir. 1986); accord San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 651 (9th Cir. 2014). 227. Wyo. v. Hathaway, 525 F.2d 66 (10th Cir. 1975). 228. See, e.g. , Or. Envtl. Council v. Kunzman, 714..."
Document | - – 2019
Table of Cases
"...Port Dist. v. Nat’l Union Fire Ins. Co. of Pittsburgh, 2018 WL 1629742 (S.D. Cal. Mar. 29, 2018), 158 n.54 San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), 353 n.226 San Luis & Delta-Mendota Water Authority v. Locke, 776 F.3d 971 (9th Cir. 2014), 38 Save Our Cmt..."

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2 firm's commentaries
Document | JD Supra United States – 2015
Supplement — Curtin’s California Land Use
"...SPECIES PROTECTIONS .......................................................................... 33 San Luis & Delta-Mendota Water Authority v Jewell, 747 F.3d 581 (9th Cir. 2014) .............................................................................................. 33-35 San Luis &am..."
Document | JD Supra United States – 2017
Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination
"...(and, in some cases, litigate) DPS determinations made by the Service. Paul Weiland Ashley Remillard San Luis & Delta Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), that subjugates the ESA’s requirement to make its decision on the basis of the best available scientific informa..."

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5 books and journal articles
Document | Chapter 1 National Environmental Policy Act
§1.4 - When Does NEPA Apply?
"...Alliance v. U.S. Dept of Interior, 344 F.Supp.2d 108 (D.D.C. 2004) (accord); see also San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014) (NEPA applies to implementation of Endangered Species Act biological opinion), cert, denied sub nom. Stewart & Jasper Orchards v..."
Document | Núm. 49-11, November 2019 – 2019
Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
"...Wildlife Fed’n v. Nat’l Marine Fisheries Serv., 886 F.3d 803 (9th Cir. 2018). 81. See San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 44 ELR 20056 (9th Cir. 2014). 82. One of the government’s more ambitious arguments involved the 2002 consultation on operations of the Bureau’s..."
Document | Table of Cases
Table of Cases
"...Dep't of Interior, 951 F2d 669 (5th Cir. 1992), cert. denied, 506 U.S. 823 (1992): 1.6(1) San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), cert, denied sub nom. Stewart & Jasper Orchards v. Jewell, 135 S. Ct. 948 (2015): 1.4(4) San Luis Obispo Mothers for Peace ..."
Document | - – 2019
Pesticide Litigation
"...decision making). 225. 40 C.F.R. § 1502.1. 226. Merrell v. Thomas, 807 F.2d 776 (9th Cir. 1986); accord San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 651 (9th Cir. 2014). 227. Wyo. v. Hathaway, 525 F.2d 66 (10th Cir. 1975). 228. See, e.g. , Or. Envtl. Council v. Kunzman, 714..."
Document | - – 2019
Table of Cases
"...Port Dist. v. Nat’l Union Fire Ins. Co. of Pittsburgh, 2018 WL 1629742 (S.D. Cal. Mar. 29, 2018), 158 n.54 San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), 353 n.226 San Luis & Delta-Mendota Water Authority v. Locke, 776 F.3d 971 (9th Cir. 2014), 38 Save Our Cmt..."

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5 cases
Document | U.S. District Court — Northern District of California – 2020
California v. Bernhardt
"... ... , The Wilderness Society, Fort Berthold Protectors of Water and Earth Rights, Western Organization of Resource ... Western Energy Alliance v. Jewell , No. 2:16-cv-00280-SWS (D. Wyo. petition filed Nov. 16, ... not easily lend [themselves] to judicial review." San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 621 ... "
Document | U.S. District Court — District of Idaho – 2019
Friends River v. Probert
"... ... court must generally be at its most deferential." San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, 602 ... "
Document | U.S. District Court — District of Idaho – 2021
W. Watersheds Project v. Bernhardt
"... ... See 5 U.S.C. § 706(2) ; San Luis v. Jewell , 747 F.3d 581, 601 (9th Cir. 2014) ; NW ... that property contained wetlands subject to Clean Water Act was not a final agency action but was merely a "bare ... "
Document | U.S. District Court — District of Colorado – 2020
Oregon-California Trails Ass'n v. Walsh
"... ... commonly known as a ‘biological opinion.’ " San Luis & Delta-Mendota Water Auth. v. Salazar , 666 F. Supp. 2d ... v. Jewell , 747 F.3d 581, 602 (9th Cir. 2014). These precedents ... "
Document | U.S. District Court — Eastern District of California – 2021
Stand Up for California v. U.S. Dep't of Interior
"... ... Department of the Interior, Sarah Margaret Roffey Jewell, Bureau of Indian Affairs, Lawrence Roberts. Christopher ... San Joaquin River Grp. Auth. v. Nat'l Marine Fisheries Serv. , 819 F. Supp. 2d 1077, ... by operators of oil pipelines under the Clean Water Act. 960 F.3d at 874. The relevant statutory scheme ... See San Luis & Delta-Mendota Water Auth. v. Jewell , 747 F.3d 581, ... "

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2 firm's commentaries
Document | JD Supra United States – 2015
Supplement — Curtin’s California Land Use
"...SPECIES PROTECTIONS .......................................................................... 33 San Luis & Delta-Mendota Water Authority v Jewell, 747 F.3d 581 (9th Cir. 2014) .............................................................................................. 33-35 San Luis &am..."
Document | JD Supra United States – 2017
Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination
"...(and, in some cases, litigate) DPS determinations made by the Service. Paul Weiland Ashley Remillard San Luis & Delta Mendota Water Auth. v. Jewell, 747 F.3d 581 (9th Cir. 2014), that subjugates the ESA’s requirement to make its decision on the basis of the best available scientific informa..."

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