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Firebaugh Canal Water District v. United States

ELR Citation: 43 ELR 20080
Nos. 11-17715, (9th Cir., 04/05/2013)

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be ordered to provide the necessary drainage or, alternatively, to pay money damages. But the districts' proposals do not involve discrete actions that DOI is legally required to take; rather, they involve matters of discretion and, as such, are beyond the scope of the APA. Similarly, the districts' Federal Tort Claims Act claims are barred under both the "private analog" requirement of §2674 and the "discretionary function" exception of §2680(a).