San Luis & Delta-Mendota Water Authority et al v. Locke et al

Filing 223

TEMPORARY RESTRAINING ORDER, signed by Judge Oliver W. Wanger on 2/12/2010. (Gaumnitz, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter came on for hearing on February 2, 2010. Plaintiffs San Luis & Delta-Mendota Water Authority ("Authority") and Westlands Water District ("Westlands") (collectively "San Luis Plaintiffs") were represented by Kronkick, Moskovitz, 1 CONSOLIDATED SALMON CASES ________________________________ SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, et al. v. GARY F. LOCKE, et al. (Case No. 1:09-cv1053) ________________________________ STOCKTON EAST WATER DISTRICT v. NOAA, et al. (Case No. 1:09-cv1090) ________________________________ STATE WATER CONTRACTORS v. GARY F. LOCKE, et al. (Case No. 1:09cv-1378) ________________________________ KERN COUNTY WATER AGENCY, et al. v. U.S. DEPARTMENT OF COMMERCE, et al. (Case No. 1:09-cv-1520) ________________________________ OAKDALE IRRIGATION DISTRICT, et al. v. U.S. DEPARTMENT OF COMMERCE, et al. (Case No. 1:09cv-2452) ________________________________ METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA v. NMFS, et al. (Case No. 1:09-cv-1625) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-1053 1:09-cv-1090 1:09-cv-1378 1:09-cv-1520 1:09-cv-2452 1:09-cv-1625 OWW OWW OWW OWW OWW OWW DLB DLB DLB DLB DLB SMS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA TEMPORARY RESTRAINING ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tiedemann & Girard by Daniel J. O'Hanlon, Esq., K. Eric Adair, Esq., and Hanspeter Walter, Esq. and Diepenbrock Harrison by Eileen M. Diepenbrock, Esq. and John D. Rubin, Esq. Federal Defendants, including the Secretary of the United States Department of Commerce, Gary F. Locke, the United States Department of Commerce, National Oceanic and Atmospheric Administration's ("NOAA") National Marine Fisheries Service ("NMFS"), Acting Assistant Administrator James W. Salsiger, Administrator for the Southwest Region Rodney R. McInnis, the United States Department of the interior, United States Bureau of Reclamation ("Reclamation"), Commissioner of Reclamation Michael L. Connor, and Donald R. Glaser, as Director of Reclamation, MidPacific Region were represented by Bridget Kennedy McNeil, Esq., Trial Attorney, Wildlife and Marine Section, and William J. Shapiro, Esq., Trial Attorney, Natural Resources Section, U.S. Department of Justice. Defendant-Intervenors California Trout, Friends of the River, Northern California Council of the Federation of Fishermen's Associations/Institute for Fisheries Resources, Sacramento River Preservation Trust, San Francisco Baykeeper, The Bay Institute, and Winnemen Wintu Tribe were represented by Earthjustice, Erin M. Tobin, Esq., and Michael R. Sherwood, Esq. Defendant-Intervenor Natural Resources Defense Council was represented by Katherine S. Poole, Esq., and Doug A. Obegi, Esq., Natural Resources Defense Council. The Court has fully considered the briefs and evidence filed in support of the Motion for Temporary Restraining Order filed by San Luis Plaintiffs, and the oral arguments, testimony and documents admitted in evidence. Accordingly, the Court now 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 enters the following order: IT IS HEREBY ORDERED that the Motion for Temporary Restraining Order is GRANTED. follows: 1. The United States Department of the Interior and its The Court further ORDERS as Bureau of Reclamation and the National Marine and Fisheries Service, and all those acting for, under or in concert with them, shall be and are hereby restrained and enjoined from implementing Action IV.2.3 of the 2009 Salmonid Biological Opinion RPA. Temporary Restraining Order shall initially remain in place through February 19, 2010, subject to a renewal by Plaintiffs upon an affirmative showing that neither the species nor their critical habitat will be jeopardized by continued injunction of RPA Action IV.2.3. 2. Plaintiffs shall post a bond in the amount of This $5,000.00. 3. This Temporary Restraining Order is issued without prejudice to Defendants showing changed conditions that threaten jeopardy to the species and their critical habitat. 4. This Temporary Restraining Order has been mooted by the Bureau's intended actions in the Consolidated Delta Smelt Cases and the announced implementation of RPA Action 2. IT IS SO ORDERED. Dated: February 12, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 3

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