Time to Take Action
Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.

ESA-driven lawsuits and litigation
bills and court decisions

Environmental Lawsuits Rake in Billions for Lawyers, Idaho Farm Bureau News, posted to KBC 10/30/09.

Klamath River Basin (Regional section scroll down):

Threatened Northern Spotted OwlMt. States Legal Foundation: "Shoot Owls to Save Owls? That's The ESA in Action (Reuters) Big Green and Bill Clinton used northern spotted owl "protections" as a pretext for throwing lumber producers off U.S. forests. But loggers weren't the bird's biggest problem, as it turns out. Now the feds are shooting barred owls in order to "save" spotted owls, all with the blessing of the 9th Circuit Court of Appeals, in another Endangered Species Act absurdity: Government can kill invasive owls to study effect on threatened ones – 9th Circuit, Reuters 3/5/22. "The U.S. Fish and Wildlife Service legally authorized the killing of thousands of barred owls in Oregon’s old-growth forests to see if it would help the threatened northern spotted owl make a comeback in the area, a federal appeals court affirmed Friday."

Federal Government agrees to reevaluate Northern Spotted Owl habitat after Supreme Court ruling, H&N 4/15/2020. "The coalition brought legal action after the Fish and Wildlife Service designated 9.5 million acres of mostly federal lands as NSO critical habitat across Washington, Oregon and Northern California in 2012...The ESA requires the federal government to take “into consideration the economic impact, the impact on national security, and any other relevant impact, of specifying any particular area as critical habitat.”

Rules will change implementation of federal ESA, CFBF Ag Alert 8/14/19

Klamath Tribes drop ESA lawsuit against BOR. Merkley to hold PRIVATE Sucker Recovery Summit November 16 in Klamath Falls, H&N 11/9/18.

"...Interveners’ argument mainly rests on the effects of the Klamath River Project on the family farms and ranches in the Project’s irrigation districts...I am not free to favor economic or other interests over potential harm to endangered species..."
   "...the injunctions prioritizes first and foremost the wellbeing of the endangered species (both the Coho salmon and the sucker fish to the extent that they are affected), then the federally-protected rights of the tribes, and finally the rights of the irrigation districts. Federal defendants have not shown that so-called partial implementation cannot meet the objectives of the injunctions, nor that even some lesser amount of Reserve Water would provide no benefits...."
   "...Because the injunctions demand partial compliance in the event that full compliance is not possible, federal defendants’ proposal of releasing water to the Project is clearly inconsistent with their duties. Under the injunctions, they are not permitted to release any water to the irrigation districts that could be instead used to implement Measure 4, even if only partially..."

Irrigators may get their water as judge mulls altering injunction, H&N 4/20/18.

Environmental groups sue over survival of steelhead, chinook, The Spokesman-Review 3/13/18.
    US considers protected status for wild spring Chinook, H&N 2/28/18. "California's Karuk tribe, which joined the Salmon River Restoration Council environmental group in petitioning for more protections for the fish, say the species is nearly extinct throughout much of its range in Oregon and Northern California. The tribe blames Klamath River dams..."

(Klamath) Project irrigators could get new fed status. ‘Applicant status’ may allow for more input in ESA development, H&N 7/18/15. "The amendment was proposed by by U.S. Reps. Greg Walden, ROre., and Doug LaMalfa, R-Calif., to help protect Klamath Project water users in Oregon and California...the amendment gives Project water users “applicant status,” ensuring they are included in Endangered Species Act (ESA) consultations that affect Project water operations."

Local forestry agencies, industry debate owl lawsuit, H&N, posted to KBC 3/29/13.

Group threatens suit over Siskiyou County dam, Capital Press 3/13/12 followed by related article. KBC NOTE: Dwinnel Dam creates Lake Shastina. Craig Tucker, Karuk Tribe spokesman, and KBRA "Stakeholder" Craig Tucker, formerly Friends of the River spokesman, was trained by Green Corp, and is currently on Riverkeeper board of directors, and was on the steering committee of Klamath Riverkeeper before it spun off from umbrella group Klamath Forest Alliance. Tucker and Petey Brucker, both KBRA voting members, are both with KFA and Riverkeeper boards. KBRA advocates claim it would end lawsuits, however the same people, on a different board, sued to shut down Klamath River mining, and now are suing to destroy another dam. George Soros funds Earthjustice which litigates for Klamath Riverkeeper, Friends of the River, Waterkeeper Alliance, and other environmental groups at the KBRA negotiation table.

Government Delay, Drought Prompts Renewed Push for Protection of Klamath River Chinook Salmon, Center for Biological Diversity 2/1/12, KBC EDITOR: The Center for Biological Diversity, Oregon Wild, Environmental Protection Information Center and The Larch Company filed the notice of intent. CBD, Oregon Wild, and EPIC are all litigated or in coalition with Earth Justice, which is funded in part by billionaire George Soros. Soros is blamed for the financial collapses of Thailand, Malaysia, Indonesia, Japan, Russian and the Bank of England. He said he will take down the United States of America next. Soros contributes greatly to Monsanto, who is involved in genetically modified salmon, convenient for when millions of tons of silt are released into Klamath River by dam and hatchery destruction. Andy Kerr is the Larch Company, and involved with dozens of other Soros-sponsored environmental groups including Earthjustice.  "A professional conservationist for over three decades, he has been involved in the enactment of over 25 pieces of state and federal legislation, scores of lawsuits, dozens of endangered species listing petitions and countless administrative appeals of Forest Service and Bureau of Land Management timber sales and other decisions."

Timber industry files lawsuit against murrelet designation, posted to KBC 1/31/12. "Because humans almost never see the bird, the FWS seems to think it can throw a net over millions of acres of federal timber land that not only aren’t being used by the bird, but don’t even have the characteristics it is looking for when it flies inland to lay its eggs. Someone has to speak up about this violation of the limits of the ESA.”

First Circuit Holds That Plaintiffs Must Demonstrate Irreparable Harm for Injunctive Relief in Endangered Species Act Cases, AND  Proposition 26 May Imperil Implementation of California’s Landmark Greenhouse Gas Reduction Law, Somach, Simmons and Dunn Law Firm 11/23/10

Dam removal bond bill gets signature, H&N posted to KBC 11/16/09. (KBC NOTE: Just a reminder that Klamath Water Users Association, tribes, gov't agencies and environmental groups have heavily lobbied for the bonds for taxes and power rates to pay for tearing out Klamath River hydro dams. However, your representatives justify boycotting the public listening session on dam removal and the KBRA, saying they want the agreement done first before they hear the people's wishes and concerns.)

Water Special: November 7 Update of $11.1 billion California Water bill that passed legislature. It tells where the money will go, by California Federation of Republican Women, 11/8/09

State Legislature approves comprehensive package to overhaul water system, including an $11-billion bond, LA Times, posted to KBC 11/6/09 (includes Klamath dam removal funds)
Money for Klamath dam removal included in California water bill, Oregonian, posted to KBC 11/6/09
Historic state water deal now up to voters, Contra Costa Times, posted to KBC 11/6/09. "The package would require state residents to cut water use by an average of 20 percent over the next decade and, for the first time, require water users to measure and report their use of underground water, ending California's status as the only Western state that does not regulate ground water."

Terminated, Range Magazine by Tim Findley Fall, 2009, posted 8/12/09. Water crisis in California's Central Valley: "...but most of them know what happened in Klamath, ...environmental activists succeeded in cutting off irrigation water by a lawsuit claiming it threatened an endangered sucker fish..." "Family Farm Alliance is filing a lawsuit demanding that government authorities make use of the best available science in actions to shut down irrigation supplies in California's Central Valley." (KBC NOTE: will Family Farm Alliance file a lawsuit demanding that gov't authorities use best available science in the Klamath dam removal closed-door settlement where the minutes state, "...want to avoid advocating for science instead of using a certain approach."?)

Family Farm Alliance Calls for Withdrawal Of Biased, Unscientific Order for Delta Smelt, FFA NEWS RELEASE 7/13/09 "This is the first time that the Alliance has engaged in litigation, and it's not a step we take lightly," said Alliance President Patrick O'Toole. "But in this case, we had no other choice. Preserving the scientific basis for these decisions and ensuring the fairness and transparency of all the proceedings under ESA is a vitally important issue for all of our members throughout the western states."

CENTRAL VALLEY - Family Farm Alliance Establishes Legal Fund to Push for Sound Science in ESA Decision-Making, posted to KBC 6/28/09

Appeals Court Upholds NOAA's Hatchery vs. Wild ESA Salmon Listing Policies, CBB, posted to KBC 3/21/09.

Humane Society Files Notice To Appeal To Ninth Circuit On Sea Lion Removal, CB Bulletin, posted 12/15/08.

Administration sued over owl plan, H&N 11/25/08.  

9th Circuit: Judges shouldn't act as scientists, Capital Press, posted 7/9/08

Two rulings uphold protection for marbled murrelet, Capital Press, posted to KBC 6/30/08

PRESS RELEASE: Federal Circuit agrees to send Klamath water issues to Oregon Supreme Court, Marzulla Law, posted 3/13/08
Letter to the Federal Circuit Court certifying four questions to the Oregon Supreme Court regarding Klamath takings case, sent by Marzulla Law to KBC, posted 3/13/08

Polarizing (Klamath) ads should not be riding the bus, Oregonian 3/11/08
ACLU Files Free Speech Suit Against TriMet, KPTV, posted 2/21/08 "The ACLU filed the lawsuit Wednesday on behalf of the Karuk Tribe of California and Friends of the River Foundation." (KBC NOTE: Formerly spokesman for dam removal activist group Friends of the River, Craig Tucker is presently the Karuk Tribe spokesman and in Riverkeeper, an offshoot of Klamath Forest Alliance. Karuk Tribe, Friends of the River, and Klamath Forest Alliance each have a seat at the Klamath Settlement table amongst the 9 environmental groups. Only two farm groups each have one seat.)

Conservation groups file lawsuit over California's salmon rules, Indybay, posted 3/1/08

Supreme Court won't review coho decision, Capital Press, posted to KBC 2/14/08

Coho are once again listed as threatened, Oregonian 2/5/08

Groups seek review of coho ruling; Lawsuit asks for endangered species designation decision, Capital Press, posted to KBC 1/12/08

Ninth Circuit gets appeal of Oregon coho ESA-listing case, CBBulletin 12/14/07.

Judge blasts latest federal salmon recovery plan, The Columbian, posted 12/12/07

NOAA Fisheries asks judge for more time on coho listing case, CB Bulletin, posted 10/27/07

Federal judge orders reassessment of coastal coho ESA status, October 12, 2007 Columbia Basin Bulletin

Battle over hatchery listing policy goes to 9th Circuit Court, CB Bulletin 9/14/07

Coalition appeals discounting of hatchery fish, 8/24/07

PLF Vows Appeal of Salmon Ruling So That All Fish Get Counted, Pacific Legal Foundation, posted 8/16/07

Appeal takes hatchery/wild listing debate to ninth circuit, posted 8/4/07 Columbia Basin Bulletin

Guest Opinion: Are salmon really endangered? Sonya D. Jones, Pacific Legal Foundation, and John R. Lott Jr., author of Freedomnomics and senior research scholar at the University of Maryland, Statesman Journal 8/2/07

S. 700: Endangered Species Recovery Act of 2007 http://www.govtrack.us/congress/billtext.xpd?bill=s110-700

Conservation Groups Sue to Protect Rare Salamanders, Center for Biological Diversity 7/6/06

PLF Sues To Challenge ESA Listing of Central California Tiger Salamander--Land Use in the Central Valley and Northern California is at Issue, posted to KBC 5/25/06

Salmon advocates to sue over Oregon Coastal coho, Oregonian 4/17/06, "Groups listed on the notice to sue include the Oregon Natural Resources Council, Pacific Rivers Council, Trout Unlimited, Pacific Coast Federation of Fishermen's Associations, the Native Fish Society, Umpqua Watersheds, the Coast Range Association, and the Institute for Fisheries Resources."

Dredge Miners granted intervention status in litigation between Karuks and DFG, Miners 2/12/06. See Miner Page

Klamath Irrigation District attorneys Nancie and Roger Marzulla filed an appeal motion in the  U. S. Federal Court of Claims on Friday, October 21, 2005.  Filed were a Motion To Certify the Takings Issue for appeal and the supporting memorandum. The United States has 28 days from October 21, 2005 to file its response.  Thank you Barb Hall for submitting this. You'll find links to other Klamath Irrigation District, et al., vs United States of America legal documents on KBB's  You Need to Know - Klamath Irrigators "Taking" Suit in the U. S. Federal Court of Claims. posted to KBC 10/26/05

Water takings suits land in federal claims court, Capital Press 12/2/05

Trollers lose lawsuit but plan to appeal, World Link 9/13/05

Oregon trollers lose court decision--Oregon Trollers Association vs Carlos Guiterez, Yurok and Hoopa Valley Tribes, 9/12/05. Word document go HERE. PDF go HERE
For past article of trollers to Klamath farmers, go HERE
More fishermen stories go HERE.

Ruling in takings case not the end, H&N 9/2/05

 September 1


Judge rejects property claim from (Klamath) irrigators, H&N 9/1/05
     "The life expectancy of a lieutenant infantryman was 7 1/2 minutes. I left all my best friends. I survived." Carman was honored to apply to win a Tulelake Homestead for his service in WWII, signed by The President.
     Today Judge Allegra has voided his contract signed by the government. He was deeded 2 1/2 feet of irrigation water per year from storage that he paid for.   Previously his land was under 20 feet of water.

photo, left, is Dave Carman, WWII veteran was a 1st Lieutenant of the 7th Amphibious Infantry Division in the Aleution Islands.
Carman Testimony, go HERE

In The United States Court of Federal Claims No. 01-591 L (Filed: August 31, 2005) KLAMATH IRRIGATION DISTRICT,

Judge rejects property claim from (Klamath) irrigators, H&N 9/1/05
Farmers Lose Klamath Water Fight; Judge rejects most of a suit seeking $1 billion from the U.S. for virtually cutting off irrigation to protect fish during a drought, LA Times 9/1/05
Klamath Farmers denied rights to withheld water, Oregonian 9/1/05
Federal judge turns down case by Klamath River water users, the Register Guard 9/1/05
Ruling in takings case not the end, H&N 9/2/05

Judge rejects salmon lawsuit, H&N 8/18/05

State sued over coho, Pioneer Press Liz Bowen posted to KBC 7/18/05.

PRESS RELEASE: Landowners, ranchers, farmers and businesses sue state to overturn (coho) decision, posted to KBC 7/8/05 State Fish and Game Ignores Science and Existing Protections In Listing Coho Salmon as Endangered
Coho lawsuit fact sheet 7/8/05
Coho conservation measures 7/8/05

Karuks lawsuit will stop mining, Pioneer Press posted to KBC 7/1/05

PLF Files Lawsuit to Block Federal Regulation Slashing Fishing Season by More than Half Despite Record Numbers of Salmon, posted 6/5/05.

Fishing groups sue about reduction of salmon season, Statesman Journal posted to KBC 6/5/05.

Do Klamath Irrigators own water deeded to them, in storage paid for by them? Marzulla takings hearing 3/31/05 by KBC

Final order of Judge Armstrong re: dismissal of fish die-off suit by Pacific Coast Federation of Fishermen and Yurok Tribe, pdf file posted 3/17/05.

Grange holds meeting with Pacific Legal, Lee Bergeron, followed by notes by Barb Hall, KBB 3/2/05.

Judge allows salmon fishermen to intervene in irrigators' lawsuit, signonsandiego.com 3/2/05 "U.S. District Judge Francis M. Allegra ruled Monday that the Pacific Coast Federation of Fishermen's Associations had an economic interest in the allocation of water to the Klamath River, because salmon that the fishermen catch spawn there, and fishermen cannot depend on the government to fully represent their point of view." (What Judge Allegra does not say is that 'environmentalist' Eugene attorney Glen Spain of PCFFA represents no Oregon fishermen. KBC)
Fishermen let into takings case, H&N 3/2/05

In Fish vs. Farmer Cases, the Fish Loses Its Edge, NY Times posted to KBC 3/2/05 (Roger J. Marzulla,Washington property rights lawyer representing farmers in the Klamath River basin and Sue Ellen Woolridge,solicitor for the Interior Deptment comment in this article in the NY Times on Feb.22. Important Read. Rob Crawford.)

Judge: Government improperly listed coho, California Farm Bureau Federation 1/20/05. (Since coho should not have been listed, and the National Research Committee said lake level and river flow management was not justified, why is the Bureau of Reclamation still demanding 100,000 acre feet of water to be taken away from Klamath irrigators in 2005? This downsizes our farm economy by 1/3! Why? Why?? KBC)

Grange wins coho salmon ESA lawsuit, by Liz Bowen, Pioneer Press 1/20/05. "A federal judge ruled that coho were illegally listed with ESA. YREKA, CALIFORNIA – 'We prevailed,' said Leo Bergeron, president of the Greenhorn Grange. 'For seven years, we have maintained that coho salmon should not be listed with the Endangered Species Act.' "

2 claims of victory in coho ruling, Mt Shasta News 1/20/05. (Mr Spain of Pacific Coast Federation of Fishermen - PCFFA, a Eugene attorney, claims we are a bunch of disgruntled farmers in a "water grab". The National Research Committee says that lake/river levels don't kill fish. The judge says that the coho were illegally listed. The Bureau of Reclamation says the lake was lower before the Klamath Project was built. And fishing reports say that there have been record salmon runs the past few years. And Glen Spain represents ZERO fishing groups in Oregon.--KBC) 

Judge’s Decision Scores Victory for Klamath Ranchers’ Water Rights 1/18/05 Common-sense management of fish and wildlife prevails. "Oakland, Calif. Judge Saundra Armstrong agreed with motions put forth by the Klamath Water Users Association (KWUA) and the federal government that there was no evidence linking the bureau’s management of water with the die-off."

NEWS RELEASE: Federal Court dismisses tribe's suit to usurp water rights of Klamath Basin farmers,  Pacific Legal Foundation "In the second major court victory for Klamath farmers this week, a federal court yesterday ruled in favor of the Klamath Water Uses Association when it dismissed the case brought by the Yurok Tribe to usurp the water rights of Klamath farmers."

U.S. water pact makes big waves Contra Costa Times 1/18/05 "...Klamath farmers want $100 million for water diverted to protect endangered salmon and suckers..."

Upstream Swim for Salmon Species, Sacramento Union 1/14/05 "A federal judge declared this week that coho salmon have been illegally listed as threatened under the Endangered Species Act. The decision, by Judge Michael Hogan, was hailed by the Pacific Legal Foundations as a victory - saying it reverses a policy that reduced the delivery of irrigation water to protect a species that was never threatened."

Klamath Falls farmers destroyed by illegal species listing, News With Views 1/14/05

U.S. Erred on Salmon Listing, Judge Rules, LA Times 1/13/05 "He cites mistakes in giving protected status to the Klamath River coho, but lets it stay on list for now"

NEWS RELEASE: Klamath River Salmon Protections Ruled Illegal! Federal court says endangered species listing of Klamath Coho is bogus, 1/12/05. "Klamath Farmers and Businesses Driven to Bankruptcy for Fish That Should Never Have Been Listed"

Klamath coho listing ruled illegal but protection stays for now, Oregonian 1/11/05

Lawsuit aims to alter Endangered Species Act, Mt Shasta Herald 12/1/04  "The Pacific Legal Foundation has announced it will file a lawsuit intended to challenge provisions of the Endangered Species Act aimed at de-listing numerous species throughout California including salmon on the Klamath River."

Decision to pull protection for bull trout brings lawsuit threat, Seattlepi 10/7/04. "Environmental groups say they will sue the federal government over its decision yesterday to remove critical habitat designation for the threatened bull trout in 90 percent of the Columbia and Klamath river basins."

PRESS RELEASE: Western Caucus Members Applaud the U.S. Fish and Wildlife Service’s Designation of Critical Habitat for Bull Trout 9/22/04  "Congressman Greg Walden (OR-02) responded to the decision saying, "As I heard from the communities in Oregon that would be most affected by the possible bull trout critical habitat designation, it became very clear to me that the proposed plan was inappropriately broad.   ...  Given the vast mileage of streams and acreage of lakes and marshes this critical habitat places in the Klamath River Basin, we ought to be reminded of the crisis that unfolded in 2001. When the esteemed National Academy of Sciences completed their peer review of the decisions in the Klamath Basin, they found that the actions taken three years ago might actually have had detrimental effects on species."

Done Deal on Coho, Coho salmon ESA listing affects farmers, ranchers and loggers in Siskiyou County, at the top of the State of California, Pioneer Press posted to KBC 8/12/04. " 'Today’s rush to judgement appeared to be driven by partisan politics rather than finding the most workable solution for all stakeholders,' said LaMalfa. 'Worse, as with the listing of the northern spotted owl, we’re going to be seeing the negative impacts of this decision for decades to come. LaMalfa added that the listing was a 'huge slap in the face to the local farmers, ranchers' that have worked to find solutions for both the fish and state law water rights."

Coho put on state endangered list, Press Democrat.com 8/6/04

Feds, State could be next on list, H&N 7/26/04. "A $1 billion claim the Klamath Tribes filed against PacifiCorp earlier this year may be just the first effort to collect from parties who have damaged or taken resources, a tribal attorney said Saturday." "Allen Foreman, chairman of the Klamath Tribes, said the salmon suit was a long time coming."

Coho decision postponed, again, 6/29/04 Pioneer Press. "Charles Blackburn, the Del Norte supervisor, had just returned from a conference in the Klamath Basin. He too had witnessed the pro-active fish projects implemented by Klamath farmers." "(PCFFA) Grader demanded agricultural water from the Klamath Basin. There are no fish, he said, because there is no water. Unfortunately for Grader, the coho counts from the last two years are up. Even the chinook salmon have had large runs, making Grader’s statement a falsehood. Commissioner Bob Hattoy, a Sierra Club advocate, also demanded water for fish from the Klamath Bureau of Reclamation project." {KBC: isn't it interesting that the Klamath Basin has been forced to downsize our irrigation by 1/4 in the form of a mandatory 'water bank' with the threat of Project shut-down. Our farms historically were under a 30' lake. Our untested aquifer is being sucked out. The Klamath Project provides only 3.5% of the water at the mouth of the Klamath.}

Talks collapse on fish kill suit, Times Standard 6/13/04. Regardless of the fact that the National Academy of Science (NAS) said that the Klamath Irrigation Project, 200 miles from the 2002 fish die-off, did not kill the Trinity River fish; regardless of the fact that the river had and has more water than before the irrigators built the Klamath Project to reroute and store water; and regardless of the fact that this was a lake up to 40 feet deep in the Klamath Basin, much of which could not go down the river before the Project diverted it down the river....the Yuroks (along with PCFFA) persist in the agenda of blaming the Klamath Irrigators for a fish die-off.  Too much water was diverted down the river this winter, so, low and behold, the lake and river will accidently be too low. We are pumping our aquifer, our water table is dropping, yet the agenda-driven Tribes and environmental groups (PCFFA), with tax-exempt dollars, continue to sue the family farmers. KBC (jdk)

OREGON NEWS: Audubon, ONRC plus 10 other groups sue USFWS to protect lamprey under the ESA: "Conservationists take action to protect water and threatened wildlife,"  5/27/04. For more ESA lawsuits, go to KBC's ESA lawsuits and litigation page

Klamath Tribes sue for salmon loss, 5/15/04, The Oregonian.

ESATODAYCourt urged to order NOAA to make delisting call in 30 days, cbbulletin 3/26/04. "Organizations that have asked NOAA Fisheries to drop eight salmon and steelhead stocks from the Endangered Species Act have asked a federal court to order the agency to produce those decisions within 30 days."

Group sues to delist steelhead, 3/16/04, CapitalPress

Groups push feds to protect bloodsucking lampreys, Times-Standard, 3/4/04, "A slate of environmental groups is demanding the federal government act to protect four species of eel-like bloodsucking fish known as lamprey (in the lower Klamath River).".

NEWS RELEASE: Pacific Legal Foundation Oregon Coast Salmon listing invalidated: Ninth Circuit dismisses appeal of Landmark Alsea Case. Bogus ESA Protections for "Wild" Salmon Must Go. 2/24/04   "Grange v. NMFS (Klamath Salmon Case) Also in the wake of today's decision, PLF predicted success in Grange v. National Marine Fisheries Service. In Grange, as in Alsea, rather than consider the prolific numbers of hatchery salmon, NMFS instead considered only "naturally spawned" populations and then determined they were "threatened." This listing is one of the factors that led to the shut off of irrigation water to Klamath area farmers in 2001. Grange v. NMFS was stayed by Judge Hogan pending a decision from the Ninth Circuit in Alsea."

Oregon's coho are partying tonight, they're not going extinct after all, SouthernOregonNews.com 2/25/04

Court Sets Precedent Requiring DOI To Compensate For ESA Taking, westernroundtable, posted to KBC 2/17/04.

A Takings of Water, Can't we find a better way to end water conflicts?, Tidepool, posted to KBC 2/17/04,  This is a story of water, salmon, farmers, and the US Constitution"

Feds won't fight judge's ruling on suckers  H&N, posted to KBC 1/26/04.

Activists file Klamath Marsh Refuge suit, 1/21/04 H&N

ESA DEMANDING MILLIONS, OR POWER PLANT SHUTDOWN. PacifiCorp to close plants on Link River, H&N posted to KBC 1/19/04.




Groups sue to reclassify species; more may be listed, CFBF, posted to KBC 5/21/13. "The U.S. Fish and Wildlife Service proposed protections for three amphibians that live in the Sierra Nevada, and proposed to designate more than 2 million acres of land as critical habitat for the species..."

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Ridin' Point - Water Meetings, Siskiyou County Spotted Owl Lawsuit, & Economic Impacts, Siskiyou Daily News Column by Siskiyou County Supervisor Marcia Armstrong 4/6/13

Judge tells feds to study owls before selling timber, Capital Press, posted to KBC 4/6/13. “Arguably, this means every timber sale in the Northwest Forest Plan area has to have an EIS...The EIS will likely come to the same conclusions, but will delay the timber project by up to a year and use up agency resources...That seems wasteful and unnecessary.”

Excessive Endangered Species Act litigation threatens species recovery, job creation and economic growth, Natural Resources Committee, 12/6/11

San Diego Superior Court Upholds California Fish and Game Commission Regulations Pertaining to Marine Protected Areas, Rejects Arguments of Coastside Fishing Club, Somach Simmons and Dunn 10/25/11

Angry federal judge (Wanger) rips 'false testimony' of federal scientists, Washington Examiner, posted to KBC 9/24/11

Judge: Salmon protections too costly to water users, Contra Costa Times 9/21/11.

U.S. District Court: 2009 salmonid biop found to be unlawful, Central Calif district court decision 9/20/11

Smelt regulations violate Constitution, Capital Press, posted to KBC 8/28/10

PLF Fights Back< PLF wins lawsuit against California water theft by federal government October 5, 2009

Feds shorted water districts, judge decides in Calif. case, Capital Press, posted to KBC 10/13/09

Court orders government to pay for water losses; decision could open door for more districts to seek payment for water shifted to fish, Contra Costa Times, posted to KBC 10/7/09

Humane Society Arguments Open Briefing In Appeals Court Sea Lion Removal Case, CBB 3/27/09

Government Gives People's Houses to “Endangered” Mice; A Federal Judge Will Consider PLF's Lawsuit This Week, PLF , posted to KBC 3/26/09

Calif. Delta - Water battle will move to the courts, SAS February Issue 2009.

PLF applauds today's ESA regulatory changes: They will help the Federal Economic Stimulus Package", Pacific Legal Foundation 12/11/08

Public Water Agencies Throughout California File Suit to Prevent Further Water Cutbacks Business Wire 12/8/08. "The Westlands Water District today joined with 31 other public water agencies in the Central Valley in filing a lawsuit to block a new regulation that would enable state Fish and Game officials to cut off up to a million acre feet of water for two-thirds of California’s people...Westlands’ suit, however, points out that if as few as 50 longfin smelt are harmed out of a species that numbers in the millions and ranges as far north as Alaska, Fish and Game would be empowered to begin shutting off water supplies for millions of people at an untold cost of billions to the state’s economy."

Judge angrily scolds court, and it responds, 9th Circuit case - Sen. Gordon Smith's brother sparks a rare review of a timber sale ruling that he said went much too far, Oregonian, posted to KBC 3/11/08. HERE for forest and timber page.

FEEDBACK: Best Available Science For River Ops, CB Bulletin, posted 3/11/08.

National civil rights leader to sue Bush administration if the polar bear is listed as threatened, Core, 3/6/08. 

Walden: Don’t rush review, Agreement Background, and Ransom Note, H&N 1/25/08

Supreme Court: ESA can be be trumped, News With Views, posted 1/23/08

Governor Schwarzenegger Signs Bill to Protect Endangered California Condors, ABC 10/13/07

Judge sides with smelt; California water supplies in question; Ruling would restrict pumping to 25 Million Californians, CVBT 9/2/07

ESA does not trump Clean Water Act, Stoel Rives, posted 8/31/07

Parties say magistrate acted as 'science arbiter' in coho case, August 24, 2007  Columbia Basin Bulletin

Judge says 16 salmon listings satisfy ESA; PLF to file appeal, CB Bulletin 8/17/07

PLF Vows Appeal of Salmon Ruling So That All Fish Get Counted, Pacific Legal Foundation, posted 8/16/07

Appeal takes hatchery/wild listing debate to ninth circuit, posted 8/4/07 Columbia Basin Bulletin

Judge: Flawed science used in coho no-list decision, Capital Press, posted to KBC 7/20/07

They call it 'Oasis Project' for a reason, East Oregonian, posted to KBC 7/2/07. "Gov. Kulongoski hasn't done much to move this region in the direction of aquifer recharge...This bill holds promise of adding tens of millions of dollars annually to the economy of northeast Oregon, all from a quantity of water that amounts to a microscopic drop in the barrel..."

Supreme Court limits the Endangered Species Act,, posted 6/26/07, Environmental News Service

Judge discounts hatchery fish in salmon recovery efforts, Capital Press 6/15/07

Turning off the flow, Modesto Bee 4/17/07. "Millions of Californians would lose at least a portion of their water supply and 750,000 acres of productive Central Valley farmland would dry up if the state cannot satisfy an Alameda County judge...Water flowing down the aqueduct has transformed California's once dry and barren interior into an agribusiness powerhouse that pumps an estimated $300 billion into the state's economy." More ESA Today go HERE.

Lawsuit Challenges Salmon Protection, by Jeff Barnard 4/18/07 Forbes

Ninth Circuit upholds Redden's rejection of FCRPS 2004 Biop, April 09, 2007 Columbia Basin Fish and Wildlife Bulletin

Feds defend salmon ESA listing policies in court cases, CB Bulletin, posted to KBC 2/18/07

PRESS RELEASE: Resources Committee passes Endangered Species Compliance and Transparency Act, posted to KBC July 20, 2006
Letter from Dan Keppen, Family Farm Alliance Executive Director regarding Act.

PRESS RELEASE: House Committee on Resources: ESA sunshine bill heads to markup, 7/18/06

State court backs coho protection rules, Times Standard 6/14/06

Feds to Reconsider Vast Species Habitat Designations, in Response to PLF Lawsuit -- More than 280,000 Acres in California are Affected, PLF 3/30/06

Key Environmental Law Ever-Tangled in Litigation by Bob Berwyn, 3-15-06, The New West

PLF Files Lawsuit Challenging 16 Salmon ESA Listings Throughout the West, PLF News, posted to KBC 12/18/05

Guest commentary: Government hurts many by ESA violations, Pacific Legal Foundation attorney, posted to KBC 12/04/05

Government Is Not Reporting Billions Spent on Endangered Species Act, Study Shows, Pacific Legal Foundation 11/7/05

Lawsuit wants bald eagle taken off 'endangered' list, (Minnesota) Washington Times 11/3/05
(note from KBC: In the Klamath Basin in 1986 there were believed to be only 12,000 'endangered' Lost River suckers. It is now known that there are 10's of thousands of suckers, however there is no delisting process in progress.  In the meantime, around 100,000 acres has been taken out of ag to form wetlands in the guise of sucker habitat, the Chiloquin Dam blocking over 95% of sucker habitat remains, and lake level mandates for 'endangered' suckers, continue to take land and water from irrigators. You will find the full testimony of David Vogel, fisheries scientist, and Dr. William Lewis, scientist on the National Research Council, and a full panel of congressmen and witnesses on KLAMATH ESA dvd)

Lawmakers renew push to break up 9th Circuit, Headwaters 10/27/05

County to U.S.: Act on bird or we'll sue, The World Link.com 19/20/05

PLF Takes Chinook Salmon Fishing Case to Ninth Circuit Court of Appeals, Pacific Legal Foundation posted to KBC 10/13/05

ESA Lawsuit OTHER PLACES: Supreme Court rules against Calif. farmers in water use case, AZCentral.com 6/23/05

Judge: President's Salmon Plan Violated Endangered Species Act, KBCI 5/26/05

Norton has harsh words for enviros, critical habitat lawsuits, Greenwire 5/26/05

ESA OTHER PLACES: Court trout ruling reversal aids ranchers, Capital Press 5/4/05.

PRESS RELEASE: Oversight Hearing on "Stabilizing Rural Electricity Service Through Common Sense Application of the Endangered Species Act" 5/3/05

Appeals court rules plaintiffs must prove harm to invoke Endangered Species Act, Capital Press posted to KBC 5/1/05.

PRESS RELEASE: PLF Lawsuits Charge Government with Flawed Critical Habitat Designations for 42 California Species: Fish and Wildlife Service Admits Designations Routinely Skirt Scientific Standards, Pacific Legal Foundation 3/30/05

PLF Sues Government to Compel Missed Status Reviews for Nearly 200 Species in California, Pacific Legal Foundation posted to KBC 3/28/05

OTHER PLACES: California farmers ask high court to help them get paid for water, 2/23/05 sanluisobispo.com

PRESS RELEASE: Senator Whitsett Says Wolf Plan Ignores Rural  Interests, 2/22/05. "The supposedly "experimental" wolves introduced in Idaho now exceed 800 known wolves with many more certainly unknown. This failure has resulted in devastation for deer, elk and other wildlife in Idaho. To expect anything different in Oregon is not realistic."
State plan approved to manage gray wolves, Bend.com, posted to KBC 2/22/05.

Ore. joins endangered species suit against NMFS, Greenwire NW report 2/2/05

EDITORIAL: Fifth Amendment restored, If the government takes your property, it owes you money, Los Vegas ReviewJournal.com 12/29/04. "Mr. Marzulla has filed two similar takings claims -- one, for $1 billion, in the Klamath Basin, where fish protections forced irrigation cutbacks on the Oregon-California border."

Government to make restitution, 12/22/04 H&N "In a precedent-setting decision, the federal government agreed to pay four central California water districts $16.7 million for water the government diverted a decade ago to help two rare fish.The case involving irrigators in the Tulare Lake Basin Water Storage District has been closely followed by farmers in the Klamath Reclamation Project, who have filed a similar claim against the government."

Fishing groups plan legal fight in dam decision, The Oregonian 12/22/04 "Opponents, including the Northwest Sportfishing Industry Association and the Pacific Coast Federation of Fishermen's Associations (PCFFA), assert that the policy set by the National Marine Fisheries Service fails to protect and restore salmon and steelhead as required by the Endangered Species Act." (PCFFA represents zero fishing groups in Oregon--KBC)

Group seeks status review on 198 California endangered species, sanluisobispo.com  posted 12/18/04, followed by:  Fish & Wildlife Service Fails to Perform Mandatory Status Reviews for Nearly 200 Species in California: PLF Announces Lawsuit to Compel Species Status Checks


Enviros sue over bull trout habitat, Billings Gazette 12/16/04. For more on Klamath Basin Bull trout ESA issues go HERE.

PLF Launches Sweeping Lawsuit Challenging Critical Habitat for 48 Species in California, posted to KBC 11/17/04
Common sense goal for ESA regs, Capital Press posted to KBC 11/17/04

Appeals court won't reconsider Trinity decision, Times-Standard 11/10/04.  (The Trinity River fish that died in 2002 from a disease that indians are blaming Trinity farmers for killing,  are the same fish that they continue to blame on Klamath Project irrigation 200 miles away. Since the construction of the Klamath Project, the river has 30% higher flows -- KBC)

Grange Lawsuit Back on Track, October-November issue 2004, pdf file. "The Grange has accomplished what nobody else has been able to do, and that is to force a de-listing from the endangered species list."

PLF fights for water rights in the West, October 2004. "There are other, similar water rights cases coming up through the courts, too, including a billion dollar claim stemming from the water taken from Klamath Basin farmers by the federal government to support the habitat of two sucker fish in the Upper Klamath Lake and the southern Oregon-northern California population of coho salmon in the Klamath River."

Attorney says laws are out of control, Odessa American 9/22/04, according to Mt. States Legal Foundation.

PLF Challenges Environmental Groups to Stop Using Lawsuits to Halt Forest Fire Prevention Programs 4/15/04, go HERE

PRESS RELEASE: Frivolous Enviro Lawsuits Hurt Economy, Environment & Taxpayer, 9/14, House Resource Committee

NOAA Fisheries files new Columbia Basin salmon plan with court, sfgate.com 9/10/04.

9th Circuit ruling reaffirms species law, Times-Standard 8/14/04. (KBC apparently they still do not see what we farmers and loggers see...that owls, bluebirds, deer, baby eagles, trees, bugs, fish, die in wildfires, however, owls are smart enough to relocate if someone cuts down a tree. This insanity has destroyed Oregon and N California's economy, and burnt up millions of acres of habitat in the guise of saving an owl.)

Ninth Circuit Upholds Lower Court Injunction to Protect Salmon, 8/14/04 enn.com. Supported by Gov. Kulongoski, Earth Justice, Sierra Club, American Rivers, etc...

Judge says listings stand pending revised hatchery policy, posted to KBC 8/14/04, cbbulletin.com.

OTHER PLACES: County hears update on Jarbidge case, Elko Daily 8/12/04. For those following the Forest Service's determination to close a road in Jarbidge, here is a rare case where, after years of Forest Service harrassment and expense, the government agency lost the court case. "(Forest Service) have spent tens of thousands of dollars on this $150 fine." Followed by another agency atorcity: Closure of escape route worries forest residents, San Bernadino County Sun, posted to KBC 8/12/04.

Trinity Ruling a Hit downriver, H&N 7/15/04, published on KBC (oops) 7/24/04

Pacific Legal Foundation: Property Rights Threatened By Federal Government’s Newly Proposed Hatchery Salmon Policy, 7/21/04.

Court orders Trinity River flows restored, Times-Standard 7/13/04.

PLF Vows Court Fight to Enforce Landmark Hatchery Salmon Ruling, Russ Brooks July 2004. "Pacific Legal Foundation wasted no time in putting the Bush Administration’s new hatchery salmon policy under the legal microscope."

ESA TODAY -- OTHER PLACES (for now) Landlocked rainbow trout may get federal protection, Oakland Tribune 6/26/04

Local economy hit by greens, Pioneer Press 6/24/04. 'Greens want to stop the Biscuit fire salvage timber harvest and used a smaller sale to their advantage stopping it in mid-June.'

Groups sue fish, wildlife service over trout protection, The Oregonian 6/24/04.

Court officially takes Oregon coastal coho off ESA list, 6/18/04

ESA TODAY  Judge halts endangered species permit rule, AP 6/11/04

ESA TODAY OTHER PLACES: Environmentalists sue to protect swallowtail butterflies, KATU 6/11/04

PRESS RELEASE: Pacific Legal Foundation, Ninth Circuit, Once Again, Upholds Decision Ordering Federal Fisheries Agency to Treat Hatchery Fish Equally, 6/10/04

Judge orders agency to pay for farm water, VisaliaTimesDelta posted to KBC 5/27/04. "However, in the Klamath Basin, withholding the water for only one season resulted in extreme financial stress for dozens of farm families and the communities in which they normally produce their crops. Some farm families and other businesses went bankrupt. The Klamath water was diverted to allow salmon and some other fish species to swim toward their spawning grounds, allowing Native Americans along the waterways to catch them in a traditional manner."

Audubon sues, PacifiCorp dam license challenged, 5/26/04 AP H&N

Judge upholds no-spray zones near rivers, The Oregonian 5/19/04.

Redden gives NOAA until November 30 to complete new Biop, 5/14/04 cbbulletin

Policies will put hatchery fish in salmon count, The Oregonian 4/29/04.

9th Circuit Court of Appeals court orders more flows down Trinity, H&N 4/28/04.

OTHER PLACES Water agencies file claim against U.S., posted to KBC 4/26/04: "It is the third such case to emerge from California and Oregon in the Court of Federal Claims in recent years. "Farmers in the Klamath Basin along the California-Oregon border are seeking $100 million for water the Bureau of Reclamation used in 2001 to protect endangered suckers and threatened coho salmon."

ESATODAY  PLF Challenges Environmental Groups to Stop Using Lawsuits to Halt Forest Fire Prevention Programs, Pacific Legal Foundation 4/17/04.

Government Is Not Reporting Billions Spent on Endangered Species Act, Study Shows: Legal Group Calls for True Accounting of Economic, Human, and Social Costs of ESA,  Pacific Legal Foundation 4/14/04

Court orders BLM to ensure fish unharmed by irrigation diversions, Capital Press posted to KBC 4/7/04

Feds seek stay of irrigators' challenge to 200 Hydro Biop, 3/19/04 CBB

The National Grange Applauds that the Oregon Coast Coho Salmon is De-listed as a "Threatened Species" under the ESA, 3/18/04

Group sues fisheries service over steelhead listing, Seattle Post-Intelligencer, 3/4/04, "A group representing farmers in Eastern Washington and Oregon sued the National Marine Fisheries Service on Thursday, saying the agency is illegally listing Columbia River and upper Willamette River steelhead as threatened under the Endangered Species Act.  The Pacific Legal Foundation argued that when counting the fish, the fisheries service must include wild and hatchery-raised steelhead, as dictated by a federal court ruling concerning coho salmon in Oregon in 2001."

PRESS RELEASE: Ninth Circuit Court Sets Precedent for Science in Landmark ESA Case, 2/25/04 House Resource Committee.

Court Sets Precedent Requiring DOI To Compensate For ESA Taking, westernroundtable, posted to KBC 2/17/04.

Environmental regulation and private property rights, The San Diego Union Tribune, 2/13/04. The Tulare ruling may effect the outcome of the Klamath irrigators taking lawsuit. However, "It remains to be seen whether the Justice Department will appeal Judge Wiese's recent decision."

Water rights case leaves mark on species, MSNBC 2/13/04. "Along the California-Oregon line, for example, a similar court case could leave the government with a $100 million bill for water diverted from farmers in 2001 for species protection.'

Supreme Court petitioned to hear Menthow water rights issue, posted to KBC 2/14/04

Water Battle Pitting Farmers Against Feds Heads to U.S. Supreme Court, posted to KBC 1/31/04, Pacific Legal Foundation

States, tribes propose biop science collaboration process,  1/30/04 Columbia Basin Bulletin

U.S. billed for lost water, LA Times 1/26/04.

PLF Asks U.S. Supreme Court to Reaffirm Landmark Wetlands Decision–Urges Action in Three Cases That Could Dramatically Change National Policy, Pacific Legal Foundation 1/26/04.

Order bans pesticides near salmon 1/23/04, the Oregonian

Final Order in WA Toxics Coalition V. EPA Court Case, 1/23/04

Conservation, fishermen groups challenge Upper Snake Biop 1/23/04, ww w.cbbulletin.com

Idaho irrigators gird for battle 1/22/04 Capital Press.
Idaho environmentalists prefer lease 1/22/04 Idaho Statesman

Anti-Wolf Crowd Packs Hall 1/22/04, by John Nelson, steering committee, Idaho Anti-Wolf Coalition, INC.

Groups sue Fish and Wildlife Service over lack of protections for cutthroat trout, 1/21/04 billings gazette

Valley farmers win in court over water loss, posted to KBC 1/21/04, Sacbee.

The Endangered Species Act Reform Project - a nationwide project of Pacific Legal Foundation. Pacific Legal Foundation update on ESA court cases involving shoddy science used in species listing and critical habitat designations, 10/31/03




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