Ag and Food Law Daily Update: September 26, 2022
A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes Endangered Species
In San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, — F.4th —, 21-cv-55479, 2022 WL 4393596 (9th Cir. 2022), the plaintiffs claimed that the California agencies’ (defendants’) operation of Twitchell Dam interferes with Southern California Steelhead’s reproductive migration and constitutes an unlawful take in violation of the Endangered Species Act (ESA). The defendants argued that they have no discretion to release any amount of dam water to preserve endangered Southern California Steelhead and therefore are not liable under the ESA. Both the district court, and the appellate court agreed with the defendants.