Opinion
Case No. 1:15-cv-00754-LJO-BAM
07-05-2018
AQUALLIANCE; CALIFORNIA SPORTFISHING PROTECTION ALLIANCE; CENTRAL DELTA WATER AGENCY; SOUTH DELTA WATER AGENCY; LOCAL AGENCIES OF THE NORTH DELTA, Petitioners and Plaintiffs, v. THE UNITED STATES BUREAU OF RECLAMATION; SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; U.S. FISH AND WILDLIFE SERVICE; U.S. DEPARTMENT OF THE INTERIOR; SALLY JEWELL, in her official capacity; and DOES 1 - 100, Respondents and Defendants.
JUDGMENT
Pursuant to and consistent with this Court's February 15, 2018 Memorandum and Decision and Order Re Cross Motions for Summary Judgment (ECF Doc. No. 70):
(1) Plaintiffs' motion for summary judgment is GRANTED IN PART AND DENIED IN PART;
(2) Defendants' motion for summary judgment is GRANTED IN PART AND DENIED IN PART;
(3) The United States Bureau of Reclamation's ("Bureau") decision to approve the "10-year water transfer program to move water from sellers located upstream of the Sacramento/San Joaquin Delta ("Delta") to willing buyers south of the Delta" (the "Proposed Action") is VACATED;IT IS SO ORDERED.
(4) The Bureau's Record of Decision (ROD) and Environmental Impact Statement / Environmental Impact Report ("EIS/R") are VACATED;
(5) No further approvals of transfer of water shall be made on the basis of the vacated ROD and EIS/R.
(6) The U.S. Fish and Wildlife Service's ("Service") Biological Opinion is VACATED;
(7) Plaintiffs' Petition for Writ of Mandate is granted. The San Luis Delta Mendota Water Authority's ("Authority") certification of the EIS/R and approval of the Proposed Action are VACATED;
(8) The Court RETAINS jurisdiction over this proceeding to resolve Plaintiffs' claims for costs and attorneys' fees, pursuant to Local Rules 292 and 293, and the deadlines set forth therein shall be extended to 60 days following entry of this Order and Judgment.
Dated: July 5 , 2018
/s/ Lawrence J. O'Neill
UNITED STATES CHIEF DISTRICT JUDGE