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YUBA RIVER CITIZENS LEAGUE v. NAT. MAR. FISHERIES

No. CIV. S-06-2845 LKK/JFM.

629 F.Supp.2d 1123 (2009)

SOUTH YUBA RIVER CITIZENS LEAGUE and Friends of the River, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants.

United States District Court, E.D. California.

May 5, 2009.

Attorney(s) appearing for the Case

Brian Orion, Christopher Alan Sproul, Environmental Advocates, San Francisco, CA, Patricia Lynn Weisselberg, Law Offices of Patricia Weisselberg, Mill Valley, CA, for Plaintiffs.

Bradley H. Oliphant, Lawson Fite, United States Department of Justice, Washington, DC, Yoshinori H. T. Himel, United States Attorney's Office, Howard F. Wilkins, III, Whitman F. Manley, Remy, Thomas, Moose and Manley, Sacramento, CA, for Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiff environmental groups bring various claims arising primarily out of the structure and operation of two dams on the South Yuba River. The Sixth Amended Complaint brings claims under the Administrative Procedures Act ("APA") and the Endangered Species Act's ("ESA") citizen suit provision, alleging that the various defendants violated provisions of the ESA.

Plaintiffs' fourth claim for...

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