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Coalition for a Sustainable Delta v. Carlson

ELR Citation: 38 ELR 20195
Nos. No. 1:08-cv-00397, (E.D. Cal., 07/23/2008)

A district court held that neither a coalition of agricultural water users nor a recreational water user has standing to challenge the state's striped bass fishing regulations under the Endangered Species Act. The plaintiffs argued that the regulations cause the unlawful take of species listed under the Act. The coalition lacks standing to sue because, even if it were to prevail in this case, its injury would not necessarily be redressed. If the regulations were invalidated and the striped bass population was reduced to a level that measurably protected the endangered and threatened species on which they prey, there are other predators and other causes that contribute to the species' jeopardy. And the recreational water user lacks standing because he failed to show how he is actually injured by the regulations. In addition, claims against the state fishing commission and its individual members and executive director are barred by both legislative immunity and the Eleventh Amendment.