Delta Smelt v. U.S. Bureau of Reclamation — Quick Summary

Delta Smelt v. U.S. Bureau of Reclamation

615 F.3d 505 (9th Cir. 2010)

In Brief

The case of Delta Smelt v. U.S.

Key Issue

Does the Bureau of Reclamation have an obligation under the Endangered Species Act to consult with the Fish and Wildlife Service to prevent jeopardizing the delta smelt when operating the Central Valley Project?

The Rule

Under the Endangered Species Act, federal agencies must consult with the U.S. Fish and Wildlife Service to ensure that their actions do not jeopardize the continued existence of endangered or threatened species or result in the destruction of critical habitat.

Bottom Line

The court held that the Bureau of Reclamation was indeed required to consult with the Fish and Wildlife Service, ruling that the operational changes to the Central Valley Project could not proceed without this due diligence.

Why It Matters

This case is significant for law students as it underscores the importance of statutory compliance and proper procedural processes in environmental law. It serves as a critical reference point for understanding federal agencies' obligations and the scope of the ESA. The decision illustrates the intersection of environmental protection laws with operational mandates of federal agencies, emphasizing the judiciary's role in enforcing environmental statutes.

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