National Environmental Policy Act (NEPA)

This category contains 5 posts

Fall X2 and delta smelt, continued

This post is a continuation of the previous post. Given that there is a salinity range physiologically tolerable to delta smelt — and a subset salinity range that is not just tolerable, but actually suitable, for which there is a higher probability of finding fish in practice — salinity is an important factor when determining … Continue reading

Opportunity to enhance delta smelt science scrapped by Wanger compromise

The 2008 biological opinion prepared by U.S. Fish and Wildlife Service recommends a set of actions that should be taken to protect delta smelt while operating the federal and state projects.  USFWS will prepare yet another version of this BiOp by an order of Judge Wanger, or else be relieved of the need to do … Continue reading

Wanger Recap: Final judgment for delta smelt, salmon dispute cools off

The spring season is often associated with uplifting imagery: Of nature reawakening and basking in ever-stronger sunlight, and of a new life cycle that emerges as the Earth sheds the frigid harshness of winter.  But at least in the world of California water, spring can be decidedly less romantic for various reasons — not the … Continue reading

Parties to the Delta Smelt litigation propose alternative CVP and SWP operation plan

On May 27, 2010, Judge Wanger issued his ruling on the delta smelt biological opinion, which was analogous to his earlier ruling on the salmonid biological opinion.  In the Consolidated Delta Smelt Cases, Wanger determined that the federal agencies had acted arbitrarily and capriciously with respect to Component 2 of the reasonable and prudent alternative … Continue reading

Judge Wanger Grants 14-Day TRO on the Salmonid BiOp

On June 4, 2009, the National Marine Fisheries Service released a biological opinion that revised a previously invalidated BiOp.  The purpose of the 2009 NMFS BiOp is to assess the impacts of water projects in the Delta on several listed species: winter and spring run Chinook salmon, green sturgeon, Central Valley steelhead, and Southern Resident … Continue reading

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