California Trout, Inc. v. Bureau of Reclamation and United Conservation Water District United States District Court, Central District of California No. CV 09-312 –GHK (FMOx)

The firm successfully concluded an action under the federal Endangered Species Act to restore steelhead to the Santa Clara River system in Southern California. In January, 2009, the firm, along with co-counsel, Shute Mihaly & Weinberger, brought an action on behalf of California Trout, Inc. in the United States District Court for the Central District of California against United Water Conservation District and the Bureau of Reclamation to maintain adequate flows for migrating Southern California steelhead and to mitigate the adverse effects of the Vern Freeman Dam on the steelhead population. Upon reaching agreement on some issues after the motion for preliminary injunction was filed, CalTrout and United engaged in extensive and productive negotiations that resulted in a settlement approved by the court in August, 2009. Under the settlement, United will maintain certain flow levels in the Santa Clara River during the steelhead migration season. In addition, a blue ribbon panel has been convened to address the adverse effects of the dam on steelhead migration and to recommend remedial measures. The panel is expected to issue its report in August, 2010. The District Court has retained jurisdiction to enforce the terms of the settlement.