February 6, 2023
District Court Finds that the ESA Preempts State Agency’s Order Enforcing State Water Law
On February 6, 2023, the District Court for the Northern District of California issued its order on pending motions for summary judgment in Yurok Tribe, et al. v. U.S. Bureau of Reclamation, et al. (N.D. Cal. Case No. 3:19-cv-04405-WHO), ruling that the Endangered Species Act preempts an order issued by the Oregon Water Resources Department that prohibits the U.S. Bureau of Reclamation from releasing water stored by the Klamath Project for non-irrigation purposes. …
Written by Brittany K. Johnson