Ninth Circuit Reverses District Court by Finding Congressional Authorization Allows Discretionary Releases From Twitchell Dam for Species Protection

November 2022

California Water Law & Policy Reporter, Volume 33, Number 2

On September 23, 2022, the Ninth Circuit reversed the U.S. District Court for the Central District of California’s grant of summary judgement to the U.S. Bureau of Reclamation and Santa Maria Valley Water Conservation District (collectively: agencies) because the Ninth Circuit found that releases from Twitchell Dam to prevent take of Southern California steelhead are within the discretion of the agencies.

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