SAN LUIS & DELTA-MENDOTA WATER AUTHORITY v. JEWELL

Nos. 11-15871, 11-16623, 11-16662, 11-16617, 11-16624, 11-16621, 11-16660.

747 F.3d 581 (2014)

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 Director of the U.S. Fish and Wildlife Service; United States Bureau of Reclamation; J. William Mcdonald; California Department of Water Resources; Mark Cowin, Director, California Department of Water Resources, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2014.


Attorney(s) appearing for the Case

Robert H. Oakley (argued), Ethan Carson Eddy , and Charles R. Scott , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Ignacia S. Moreno , United States Department of Justice, Assistant Attorney General, Washington, D.C.; Jim Monroe , Department of the Interior, Office of the Solicitor, Sacramento, CA, for Federal Defendants-Appellants.

Katherine Poole (argued) and Doug Obegi , Natural Resources Defense Council, San Francisco, CA; Trent W. Orr and George M. Torgun , Earthjustice, San Francisco, CA, for Defendant-Intervenors-Appellants.

Daniel J. O'Hanlon (argued), Hanspeter Walter , and Rebecca R. Akroyd , Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA; Craig Manson , General Counsel, Westlands Water District, Fresno, CA; Steven O. Sims , Michelle C. Kales , and Geoffrey M. Williamson , Brownstein Hyatt Farber Schreck LLP, Denver, CO, for Plaintiffs-Appellees-Cross-Appellants San Luis & Delta-Mendota Water Authority and Westlands Water District.

Gregory K. Wilkinson (argued), Steven M. Anderson , Melissa R. Cushman , and Steven G. Martin , Best Best & Krieger LLP, Riverside, CA, for Plaintiffs-Appellees State Water Contractors.

Marcia L. Scully , Interim General Counsel; Linus Masouredis , Chief Deputy General Counsel, The Metropolitan Water District of Southern California, Sacramento, CA; Christopher J. Carr , William N. Sloan , and Travis Brandon , Morrison & Foerster LLP, San Francisco, CA, for Plaintiff-Appellee-Cross-Appellant The Metropolitan Water District of Southern California.

Clifford T. Lee (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Kathleen A. Kenealy , Senior Assistant Attorney General; Robert W. Byrne , Supervising Deputy Attorney General; Cecilia L. Dennis , and Gary Alexander , Deputy Attorneys General, San Francisco, CA, for Plaintiff-Intervenor-Appellee, California Department of Water Resources.

Amelia Minaberrigarai , Kern County Water Agency, Bakersfield, CA, for Appellee Kern County Water Agency.

Robert D. Thornton , Paul S. Weiland , and Ashley Remillard, Nossaman LLP, Irvine, CA, for Appellees Kern County Water Agnecy and the Coalition for a Sustainable Delta.

Opinion by Judge Bybee; Partial Concurrence and Partial Dissent by Judge Arnold; Partial Concurrence and Partial Dissent by Judge Rawlinson.


OPINION

BYBEE, Circuit Judge, with whom ARNOLD, Circuit Judge, joins as to Parts I, II, IV.C, IV.D, V.A, and V.C, and with whom RAWLINSON, Circuit Judge, joins except as to Part V.C.2:

                                   TABLE OF CONTENTS

  I.  FACTS AND PROCEEDINGS BELOW ....................................................593
      A.  Background .................................................................593
          1.  The Sacramento...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases