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Legal Opinion

Westlands Water District v. United States Department of the Interior

Court of Appeals for the Ninth Circuit

Decided July 13, 2004No. Nos. 03-15194, 03-15289, 03-15291 and 03-15737PublishedCited by 6 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

For forty years, most of the Trinity River’s water has been diverted to the Sacramento River basin. Congress mandated that some of that water be returned to the Trinity River in order to revive its chinook salmon, coho salmon, and steel-head trout populations, which have been decimated by the decades of reduced water flows. California municipal water agencies and power districts (“Plaintiffs”) challenged the plan to redirect Trinity River water, arguing that the procedural requirements of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (1970) (“NEPA”),…

2Cases cited17 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  3. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  4. Citizens Against Burlington, Inc. v. BuseyCourt of Appeals for the D.C. Circuit · 1991
  5. Greenpeace Action v. FranklinCourt of Appeals for the Ninth Circuit · 1993

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3Cited by6 opinions

  1. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe, Defendant-Intervenor, and Hoopa Valley Tribe, Defendant-Intervenor-Appellant v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-Appellees. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, and Yurok Tribe Hoopa Valley Tribe, Defendants-Intervenors v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-Appellees. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe Hoopa Valley Tribe, Defendants-Intervenors-Appellees v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe, Defendant-Intervenor-Appellant, and Hoopa Valley Tribe, Defendant-Intervenor v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 2004
  2. Northern Alaska Environmental Center v. KempthorneCourt of Appeals for the Ninth Circuit · 2006
  3. Cascadia Wildlands Project v. GoodmanDistrict Court, D. Oregon · 2004
  4. Wilderness Society, Center for Native Ecosystems v. WiselyDistrict Court, D. Colorado · 2007
  5. WILDERNESS SOC., CEN. FOR NAT. ECOSYSTS. v. WiselyDistrict Court, D. Colorado · 2007

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