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Keywords

lawsuitplaintiffdefendantmotionsummary judgmentendangered species act
plaintiffdefendantendangered species act

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Center for Environmental Science Accuracy and Reliability v. National Park Service, Not Reported in Fed. Supp., 2016 WL 4524758

Facts

The Hetch Hetchy Water and Power Project, owned by the San Francisco Public Utilities Commission, includes a system of dams and hydropower facilities on the Tuolumne River. Plaintiffs filed a lawsuit alleging that the federal defendants violated the Endangered Species Act by approving water diversion operations without consulting the Fish and Wildlife Service. The case also involved historical agreements and stipulations regarding water flow management and environmental protections for fish species in the area.

The Hetch Hetchy Water and Power Project, owned by the San Francisco Public Utilities Commission, includes a system of dams and hydropower facilities on the Tuolumne River.

Issue

Did the federal defendants violate the Endangered Species Act and the National Environmental Policy Act by approving water diversion operations without proper consultation and environmental review?

The Complaint alleges: (1) Federal Defendants violated Section 7 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536, by approving annually instream flow and other operating requirements for the Hetch Hetchy Project without first consulting with the Fish and Wildlife Service (“FWS”) and/or the National Marine Fisheries Service (“NMFS”), id. at ¶¶ 20-22; (2) “[B]y authorizing the diversion of water out of the Tuolumne River,” Federal Defendants have caused a take of threatened and endangered fish species in violation of Section 9 of the ESA, 15 U.S.C. § 1538, id. at ¶¶ 23-25; and (3) Federal Defendants violated the National Environmental Policy Act (“NEPA”) by failing to prepare an Environmental Impact Statement (“EIS”) before “prescribing the annual instream flow and other operating requirements for the Hetch Hetchy Project.”

Rule

The court applied the standards of the Endangered Species Act, particularly Sections 7 and 9, and the National Environmental Policy Act, assessing whether the federal defendants had fulfilled their obligations regarding consultation and environmental impact assessments.

The Administrative Procedure Act (“APA”) standard of review applies to Plaintiffs' NEPA claim. San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 601 (9th Cir. 2014).

Analysis

The court analyzed the historical context of the Hetch Hetchy Project and the various stipulations that governed water flow management. It determined that the plaintiffs had not adequately raised their NEPA claims and had waived their Section 9 claims by failing to include them in their summary judgment motion. The court found that the federal defendants acted within their authority and complied with the necessary legal requirements.

The Court agrees with Federal Defendants that Plaintiffs' have waived their Section 9 and NEPA claims against Federal Defendants by failing to mention them in any of their papers.

Conclusion

The court ruled in favor of the federal defendants, concluding that the plaintiffs had waived certain claims and that the defendants had not violated the Endangered Species Act or the National Environmental Policy Act.

The court ruled in favor of the federal defendants, concluding that the plaintiffs had waived certain claims and that the defendants had not violated the Endangered Species Act or the National Environmental Policy Act.

Who won?

Federal Defendants prevailed in the case because the court found that the plaintiffs had waived their NEPA and Section 9 claims and that the defendants acted within their legal authority.

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