ELR Citation: 53 ELR 20167
No(s). 3:22-cv-06143-JSC (N.D. Cal. Oct 23, 2023) (Corley, J.)

A district court denied a biologist's motion to preliminarily enjoin flood control releases from the Coyote Valley Dam into the Russian River to protect ESA-listed salmon species. The biologist sought to enjoin the Army Corps of Engineers from making flood control releases unless it determines that doing so would reduce threat to life and property below the dam, to require the Corps to complete unperformed components of its incidental take statement (ITS) concerning turbidity, and require it to adjust releases to reduce the effects of turbidity on the listed salmonids. The court found the biologist was likely to succeed on the merits of his ESA §9 claim, as the Corps admitted to not complying with all the conditions of the ITS measure concerning turbidity; but failed to demonstrate that "extreme or very serious damage" was likely to occur to the listed species absent an injunction. It denied the motion.