California AG Filed Lawsuit to Ensure Water Infrastructure Projects Do Not Jeopardize Survival of Endangered and Threatened Species

FEBRUARY 20, 2020

California Attorney General Xavier Becerra filed a lawsuit challenging biological opinions issued by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) as part of the National Environmental Policy Act (NEPA) inter-agency consultation process for two major proposed water infrastructure projects affecting the Sacramento and San Joaquin Rivers. The complaint challenged the biological opinions’ finding of “no jeopardy” to species protected under the Endangered Species Act (ESA), and warned that the projects would in fact “significantly reduce protections for the listed species and their designated critical habitat, thereby increasing the likelihood of their extinction.” The complaint alleged that by adopting the faulty biological opinions, the USFWS and NMFS violated the National Environmental Policy Act, the Endangered Species Act and the Administrative Procedure Act.