9th circuit tells feds to obey ESA
From ANIMAL PEOPLE, July/August 1998:
SAN FRANCISCO––The 9th U.S.
Circuit Court of Appeals ruled on June 24
that the federal Bureau of Reclamation must
obey both the Endangered Species Act and
California state species protection laws in
allocating water to Central Valley farmers,
even though so doing may put the bureau in
violation of 40-year-old water use contracts.
If the ruling survives an expected
appeal to the Supreme Court by the defendants,
it may be invoked to help compel
other federal agencies to conform to the ESA,
a frequent point of contention in cases
involving everything from fencing along the
U.S./Mexican border to the failure of the
National Marine Fisheries Service to inspect
shipments of shark fins passing through
Hawaiian airports en route from foreign fishing
vessels to markets in Japan.