9th Cir.;
11-15871
The court of appeals reversed in part and affirmed in part a district court judgment. The court held that a district court failed to observe prevailing standards when reviewing a federal Fish and Wildlife Service biological opinion, and the Bureau of Reclamation’s implementation of the biological opinion, regarding protection of the delta smelt from effects of California’s Central Valley Project and State Water Project, for arbitrariness, caprice, or actions otherwise not in accordance with law. The court held further that the Bureau of Reclamation’s provisional adoption and implementation of the biological opinion triggered its obligation to comply with the National Environmental Policy Act by preparing an Environmental Impact Statement.
