NRDC v. Jewell

<> NRDC v. Jewell - 4/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-17661 involving multiple parties. The en banc decision addresses the Endangered Species Act (ESA) requirement that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. The Panel says: "We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has 'some discretion' to take action for the benefit of a protected species." Reverse and remand. NRDC: Court Unanimously Agrees Feds Unlawfully Renewed Unsustainable Water Supply Contracts in the Bay-Delta - A unanimous eleven-judge panel of the U.S. Ninth Circuit Court of Appeals overturned two earlier court rulings that upheld the federal government's renewal of several dozen long-term. . . Judges Overturn Long-Term Central Valley Water Contracts Citing Endangered Species Protection - Court unanimously throws out earlier rulings that failed to consider imperiled delta smelt  An eleven-judge panel of the U.S. Ninth Circuit Court of Appeals today unanimously ruled that the federal Bureau of Reclamation was required