Legal
FEMA National flood insurance Program
The Coalition for a Sustainable Delta has filed a lawsuit in federal district court against the Federal Emergency Management Agency (FEMA) for violating the federal Endangered Species Act (ESA) through its National Flood Insurance Program (NFIP), which encourages development of flood plain habitats that may affect listed species without consulting with federal wildlife agencies.
Legal Papers
- Complaint filed with court in FEMA case (June 9, 2010)
INVASIVE SPECIES
The Coalition for a Sustainable Delta has settled a lawsuit in federal district court against the California Department of Fish and Game (CDFG) for violating the federal Endangered Species Act (ESA) through its enforcement of State sport fishing regulations that protect the non-native striped bass at the expense of several native endangered and threatened species, including the delta smelt.
Legal Papers
- Press Release - Federal Judge Approves Settlement In Striped Bass Predation Case (April 6, 2011)
- Press Release - Invasive Striped Bass Identified as Major Threat to Salmon (Feb. 26, 2010)
- Plaintiffs' Statement of Undisputed Facts
- Plaintiffs' Motion for Summary Judgment
- Rubin Declaration Supporting Plaintiffs' MSJ
- Exhibits 1-14
- Exhibits 15-18
- Exhibits 19/28
- Exhibits 29-45
- Exhibits 46-50
- Plaintiffs Memo of P&As Supporting MSJ
- Press Release - Federal Agencies Sued for ESA Violations - Agency Actions Harmful to Listed Species (June 3, 2009)
- Amended Complaint
- Press Release - Coalition for a Sustainable Delta Files Lawsuit Regarding Striped Bass Sports Fishing Regulations (Jan. 29, 2008)
- Amended Striped Bass complaint (Aug. 22, 2008)
- Notice of Intent to Sue re: Striped Bass (Oct. 25, 2007)
BIOLOGICAL OPINIONS
The Coalition has joined other water users in filing lawsuits against federal agencies challenging regulatory restrictions placed on the water pumping operations of the State Water Project and Central Valley Project. The severe water supply restrictions imposed under Biological Opinions issued under the Endangered Species Act are designed to protect the delta smelt and various species of salmon, which are federally protected species that reside in the Sacramento-San Joaquin Delta. The restrictions, which fail to comply with the requirements of the National Environmental Policy Act and the Endangered Species Act and are not based on the best available science, have greatly reduced water supplies for 25 million Californians and millions of acres of productive San Joaquin Valley farmland.
Legal Papers
- Judge Wanger Issues Final Judgement On Delta Smelt (March 29, 2011)
- Press Release - San Joaquin Valley Water Users File Suit Over Water Restrictions - Federal Actions To Protect Salmon Based On Flawed Science (Aug. 28, 2009)
- Complaint For Declaratory And Injunctive Relief
- Press Release - Water Users Sue Federal Agencies - Government Actions Exacerbating Water Crisis (Mar. 13, 2009)
- Complaint for Declaratory and Injunctive Relief
- Notice of Intent to Sue
- Press Release - Delta Coalition Files Complaint Over "Questionable" Science Used In Delta Operations Assessment (Sept. 8, 2008)
- Complaint About Information Quality
Wanger decision results in increased pumping through June
On May 25, 2010, Judge Wanger issued an order barring the National Marine Fisheries Service from implementing two actions that restrict water exports from the Central Valley Project and State Water Project pumping plants in the south Delta. The Court repeatedly criticized the federal government�s biological opinion and actions included in the reasonable and prudent alternative, characterizing portions of those documents as "unsupported by reasonable explanation," "simply indefensible," "inexplicable," and "not rational nor scientifically justified." It is estimated that the order will result in the delivery or an additional 50,000 acre-feet of water in the next three weeks.
In another victory for water users, on May 27, 2010, Judge Wanger issued an order declaring unlawful several portions of the biological opinion and reasonable and prudent alternative prepared by the United States Fish and Wildlife Service to protect delta smelt. The Court held that the federal government should have considered impacts on the human environment when implementing the pumping restrictions and that the specific restrictions imposed by the federal government were not "adequately justified by generally recognized scientific principles." In addition, Judge Wanger held that the federal government failed to use the best available science in analyzing and addressing take of delta smelt at the project pumps, which in the Court's view "raises the spectre of bad faith" on the part of the federal wildlife agency. The parties, including the Coalition, have agreed to work together to develop a temporary plan with regard to short-term Delta water operations. If an agreement cannot be reached, another hearing before Judge Wanger will take place to decide how the water projects will be operated as a result of the Court's decision.
WATER QUALITY
The Coalition has filed a lawsuit against the City of Stockton and San Joaquin County for discharging toxic chemicals and other pollutants into the Delta. The legal action, under the federal Clean Water Act and Endangered Species Act, targets the municipal storm sewer system operated by the City and County, which has discharged pollutants in violation of applicable permits limits resulting in degraded water quality in the Delta and adverse impacts on fish species that reside in the Delta, including delta smelt and salmon.
Legal Papers
- Press Release - Delta Coalition Sues City of Stockton and San Joaquin County Over Illegal Pollution Discharges (Feb. 20, 2009)
- Complaint For Declaratory And Injunctive Relief And Civil Penalties - Press Release - Delta Coalition Initiates Legal Action on Illegal Pollution Discharges (July 1, 2008)
- Notice of Intent to Sue for Violations of the Clean Water Act and Endangered Species Act
- Pollutant Discharges
POWER PLANTS
The Coalition entered into a settlement agreement with Mirant Delta LLC related to its operation of two power plants in the Delta. These power plants utilize water from the Delta to condense steam used to rotate turbines that generate electricity; the process, known as once-through cooling, involves intake structures that can inadvertently harm fish when water is pumped into the plants. The settlement provides for increased monitoring of the aquatic impacts of power plant operations and a specified timeframe to complete consultation with the federal wildlife agencies regarding the impacts of power plant operations on endangered and threatened fish, including the delta smelt.
