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Barry Nelson: State legal strategy in the Delta conflicts with state legal requirements

Posted by: Maven on February 5, 2010 at 8:19 am

From Barry Nelson at the NRDC Switchboard Blog:

“Yesterday, a federal judge refused the Department of Water Resources’ “nonopposition” to a request to block ESA protections for the delta smelt under the Endangered Species Act. The court, however, has not yet ruled on the request to weaken protections for listed salmon and other species. The state’s position in this case is in conflict with two important legal requirements.

The first conflict is with SB 7×1 — the Delta governance bill passed in November. That bill requires the state’s Bay-Delta Conservation Plan to meet the requirements of the Natural Communities Conservation Planning Act – the state’s highest standard for ecosystem restoration and species recovery — which requires the development of a science based program to protect and restore listed species. … “

Continue reading this post from Barry Nelson at the NRDC Switchboard blog by clicking here.

February 5, 2010 · Filed Under Delta Issues, State Water Project (DWR)

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