San Francisco Baykeeper, the Center for Biological Diversity, and Friends of the River issue a notice of intent to sue the Bureau of Reclamation for killing and harming winter-run Chinook Salmon, Central Valley Steelhead, and Green Sturgeon in the San Francisco Bay-Delta watershed.
Press release from San Francisco Baykeeper, the Center for Biological Diversity, and Friends of the River
Today, a coalition of nonprofit environmental organizations issued a notice of intent to take legal action against the Trump administration for diverting water in the San Francisco Bay’s Delta and violating the Endangered Species Act in a way that harms imperiled species. Excessive pumping of water has harmed and killed winter-run Chinook Salmon, California Central Valley Steelhead, and Green Sturgeon, creating conditions that threaten these iconic species.
These impacts are due to excessive water diversions by the federal Central Valley Project and the neighboring State Water Project. The two projects’ combined water exports from the Delta, for example, cause the Old and Middle Rivers to flow backwards on average rather than towards San Francisco Bay. The stronger this reverse flow, the higher the losses of native fish.
By law, the Bureau of Reclamation is required to act immediately to adjust its pumping and consult with federal regulators if its actions cause excessive harm to protected species, and must implement protective measures to avoid jeopardizing the continued existence of threatened and endangered species.
Despite repeatedly disclosing such violations, the Bureau did not reduce export pumping to increase flow on the Old and Middle Rivers towards San Francisco Bay or reduce the associated unlawful harms to protected fish. Instead, the agency continued—and in some cases even ramped up—its water exports, exacerbating the harm.
The agency’s impacts on endangered species are likely to continue because President Trump issued an Executive Order earlier this year directing the agency to maximize water diversions out of the Delta.
In response to the reported harm, and the likelihood it will continue, San Francisco Baykeeper, the Center for Biological Diversity, and Friends of the River have joined together to challenge the Bureau’s unlawful conduct.
“The Bureau of Reclamation is blatantly violating the Endangered Species Act and putting San Francisco Bay’s most iconic fish species—salmon, sturgeon, and steelhead—at greater risk of extinction,” said Eric Buescher, managing attorney for San Francisco Baykeeper. “The agency has both the means and the mandate to stop its pumps from jeopardizing Chinook Salmon, Green Sturgeon, and Central Valley Steelhead. There is simply no excuse for its actions or refusal to comply with the law.”
“The current Endangered Species Act protections for Chinook salmon, Central Valley Steelhead and Green Sturgeon provide a minimal safety net against extinction”, said Gary Bobker, program director at Friends of the River. “Ignoring even these minimal requirements is an irresponsible act that violates the law and sets the stage for the loss of native fish species that have outlasted century-long droughts but may not outlast the Bureau of Reclamation.”
“Excessive water pumping isn’t only harmful for the Delta’s imperiled fish, it’s against the law,” said Harrison Beck, a staff attorney at the Center for Biological Diversity. “The Bureau’s refusal to comply with the law is having real and significant consequences for vulnerable species that cannot be undone. Extinction is forever.”
San Francisco Baykeeper defends the Bay and its watershed from the biggest threats, holding polluters and government agencies accountable. For more information visit baykeeper.org.
Friends of the River is dedicated to protecting and restoring California’s rivers, streams, and watersheds, while advocating for sustainable water management and water and climate solutions that protect the environment.
The Center for Biological Diversity is a national nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places.
