upper waypoint

U.S. Supreme Court Rejects Appeal of Delta Smelt Ruling

Save ArticleSave Article
Failed to save article

Please try again

A Delta smelt. The species has been the subject of a decade of endangered species litigation. (Lauren Sommer/KQED)

The U.S. Supreme Court has left in place limits on water exports from the Sacramento-San Joaquin Delta to protect the Delta smelt.

The justices on Monday rejected appeals from San Joaquin Valley farmers and urban water districts that had challenged water-pumping restrictions put in place by the U.S. Fish and Wildlife Service in 2008 to protect the 3-inch smelt.

The 9th U.S. Circuit Court of Appeals in San Francisco last March upheld the Fish and Wildlife Service's 2008 biological opinion that controls were needed on the use of massive pumps that move water from Northern California through the delta and on to farms and cities to the south. Under the biological opinion, water exports are cut back at times of year when smelt are observed in the vicinity of the pumps.

U.S. District Court Judge Oliver W. Wanger of Fresno invalidated the biological opinion in 2010, finding that the pumping restrictions were an "arbitrary and capricious" measure with an inadequate scientific basis. He also ruled that the Fish and Wildlife Service had failed to adequately consider the human impacts of the pumping, but allowed the agency's measure to take effect during appeals.

The smelt case is one of two endangered species cases that have led to limits on delta pumping and years of litigation. The other centers on endangered and threatened Central Valley salmon, steelhead and other species. Wanger presided over that case, too, and struck down a biological opinion from the National Marine Fisheries Service that prescribed pumping limits to protect migrating fish.

Sponsored

Last month, the 9th Circuit reversed Wanger on the salmon case, too. The plaintiffs in that case are also expected to seek Supreme Court review of the 9th Circuit ruling.

This post includes reporting from the Associated Press.

lower waypoint
next waypoint
Stunning Archival Photos of the 1906 Earthquake and FireCould Protesters Who Shut Down Golden Gate Bridge Be Charged With False Imprisonment?San Francisco Sues Oakland Over Plan to Change Airport NameDeath Doula Alua Arthur on How and Why to Prepare for the EndAlameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario GonzalezDespite Progress, Black Californians Still Face Major Challenges In Closing Equality GapGaza Aid Flotilla to Include Bay Area ResidentsAfter Parole, ICE Deported This Refugee Back to a Country He Never KnewSF’s Equity Program Fails to Address Racial Disparities in Cannabis IndustryWhy Is Google Removing News Links for Some Californians?