South Yuba River Citizens League v. National Marine Fisheries Service

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiff environmental groups bring various claims arising primarily out of the structure and operation of two dams on the South Yuba River. The Sixth Amended Complaint brings claims under the Administrative Procedures Act (“APA”) and the Endangered Species Act’s (“ESA”) citizen suit provision, alleging that the various defendants violated provisions of the ESA.

Plaintiffs’ fourth claim for relief alleges that the Army Corps of Engineers violated the ESA’s prohibition on “take” of protected species in its operation and licensing of the two dams.…