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Pacific Legal Foundation: Feds’ delta smelt restrictions violate NEPA; relief for San Joaquin Valley on the way?

Posted by: Aqua Blog Maven on November 14, 2009 at 7:31 am

From the Pacific Legal Foundation’s Liberty Blog:

“While the U.S. Fish and Wildlife Service authored the controversial delta smelt biological opinion, the Bureau of Reclamation is the federal agency responsible for its implementation and severe restriction of water deliveries.

In implementing the delta smelt biop, Reclamation failed to prepare a critical Environmental Impact Statement. Because of this failure, a federal district court ruled today that Reclamation violated the National Environmental Policy Act, resulting in a significant victory for those who have seen firsthand the biop’s catastrophic environmental and economic consequences. The decision is available here.

According to the court, Reclamation could not simply stand idle as it chose to implement the Fish and Wildlife Service’s restrictive “Reasonable and Prudent Alternative” … “

Read more from the Liberty Blog by clicking here.

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