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Kalden Constr. Co. v. Hansen Aggregates New York, Inc.

ELR Citation: ELR 20119
Nos. No. 08-6200, (W.D.N.Y., 05/29/2009)

A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that found that the selected operating system—modified low fluctuating flow (MLFF)—violates the ESA....

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