Legal analysis: Fifth District Court of Appeal to Hear Restore Hetch Hetchy’s Appeal of Preemption and Statute of Limitations Issues
From Lauren D. Bernadett:
Today, the Fifth District Court of Appeal will hear oral argument in Restore Hetch Hetchy v. City and County of San Francisco. Although the lawsuit is based on the allegation that diverting water via the dam and reservoir in Hetch Hetchy Valley violates the California Constitution, the issues on appeal are whether, in this case, the California Constitution is preempted by federal law, and whether the non-profit’s claim is blocked by a statute of limitations. The outcome will determine how Restore Hetch Hetchy’s litigation efforts to restore this part of Yosemite National Park may proceed and will provide important precedent to environmental law practitioners.
Reclamation releases draft environmental documents for Klamath River Coho Restoration Grant Program funding
From the Bureau of Reclamation:
The Bureau of Reclamation has released two draft Environmental Assessments to disclose potential environmental effects and solicit public comment associated with Reclamation providing grant funding for two projects under the Klamath River Coho Restoration Grant Program: Increasing Year-Round Rearing Capacity & Habitat Quality for Natal & Non-Natal Populations of Coho Salmon in a Priority Lower Klamath Tributary – McGarvey Beaver Dam Analogue Project; and Lower Beaver Creek Off-Channel Habitat Restoration Planning.
The grant program is an identified conservation measure in the 2013 Biological Opinions on the Effects of Proposed Klamath Project Operations and in the Final Recovery Plan for Southern Oregon/Northern California Coasts coho salmon. Through this program, Reclamation grant funds would be used to aid in habitat restoration and enhancement within the Klamath River Basin for Klamath River SONCC threatened coho salmon populations.
The proposed Increasing Year-Round Rearing Capacity & Habitat Quality for Natal & Non-Natal Populations of Coho Salmon in a Priority Lower Klamath Tributary – McGarvey BDA Project would install and monitor a series of beaver dam analogs in McGarvey Creek (Del Norte County, Calif.) to provide improved coho salmon habitat and other ecosystem benefits.
The proposed Lower Beaver Creek Off-Channel Habitat Restoration Planning project is part of an on-going program administered by the Mid-Klamath River Instream Working Group of reconnecting, restoring, enhancing, and/or creating a continuum of off-channel habitats along the Mid-Klamath River and select tributaries that provide important winter and summer rearing refugia critical for the recovery of SONCC coho salmon populations.
The draft EAs were prepared in accordance with the National Environmental Policy Act and are available at https://www.usbr.gov/mp/nepa/nepa_base.php?location=kbao.
Comments are due by close of business, June 12, 2018. Please email comments to firstname.lastname@example.org. Written comments may be mailed Amanda Babcock, Bureau of Reclamation, 6600 Washburn Way, Klamath Falls, OR 97603.
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