South Yuba River Citizens League v. National Marine Fisheries Service

Two environmental groups filed suit against the National Marine Fisheries Service (NMFS), alleging that a biological opinion issued by the NMFS concerning two dams on the Yuba River was arbitrary and capricious. The dams are operated by the U.S. Army Corps of Engineers. The groups also asserted that the Corps’ operations were causing take of protected salmon and steelhead. Among other things, the plaintiffs alleged that the biological opinion failed to discuss the impact of climate change on the species. Both sides moved for summary judgment. The court found that the plaintiffs had standing and that the NMFS acted arbitrarily and capriciously in failing to address this issue in its biological opinion.