Description: Challenge to biological opinion concerning water diversions on Yuba River.
South Yuba River Citizens League v. National Marine Fisheries Service
Filing Date Type File Action Taken Summary 07/08/2010 Opinion Download Plaintiffs' motion for summary judgment granted in part. Two environmental groups filed suit against the National Marine Fisheries Service (NMFS), alleging that a biological opinion issued by the NMFS concerning two dams on the Yuba River was arbitrary and capricious. The dams are operated by the U.S. Army Corps of Engineers. The groups also asserted that the Corps’ operations were causing take of protected salmon and steelhead. Among other things, the plaintiffs alleged that the biological opinion failed to discuss the impact of climate change on the species. Both sides moved for summary judgment. The court found that the plaintiffs had standing and that the NMFS acted arbitrarily and capriciously in failing to address this issue in its biological opinion. 06/08/2009 Memorandum Download Memorandum of points and authorities filed in support of plaintiffs' motion for partial summary judgment.