ESA-driven lawsuits and litigation
bills and court decisions

Klamath Basin (Regional section scroll down):

9th Circuit: Judges shouldn't act as scientists, Capital Press, posted 7/9/08

Two rulings uphold protection for marbled murrelet, Capital Press, posted to KBC 6/30/08

PRESS RELEASE: Federal Circuit agrees to send Klamath water issues to Oregon Supreme Court, Marzulla Law, posted 3/13/08
Letter to the Federal Circuit Court certifying four questions to the Oregon Supreme Court regarding Klamath takings case, sent by Marzulla Law to KBC, posted 3/13/08

Polarizing (Klamath) ads should not be riding the bus, Oregonian 3/11/08
ACLU Files Free Speech Suit Against TriMet, KPTV, posted 2/21/08 "The ACLU filed the lawsuit Wednesday on behalf of the Karuk Tribe of California and Friends of the River Foundation." (KBC NOTE: Formerly spokesman for dam removal activist group Friends of the River, Craig Tucker is presently the Karuk Tribe spokesman and in Riverkeeper, an offshoot of Klamath Forest Alliance. Karuk Tribe, Friends of the River, and Klamath Forest Alliance each have a seat at the Klamath Settlement table amongst the 9 environmental groups. Only two farm groups each have one seat.)

Coho are once again listed as threatened, Oregonian 2/5/08

Groups seek review of coho ruling; Lawsuit asks for endangered species designation decision, Capital Press, posted to KBC 1/12/08

Ninth Circuit gets appeal of Oregon coho ESA-listing case, CBBulletin 12/14/07.

Judge blasts latest federal salmon recovery plan, The Columbian, posted 12/12/07

NOAA Fisheries asks judge for more time on coho listing case, CB Bulletin, posted 10/27/07

Federal judge orders reassessment of coastal coho ESA status, October 12, 2007 Columbia Basin Bulletin

Battle over hatchery listing policy goes to 9th Circuit Court, CB Bulletin 9/14/07

Coalition appeals discounting of hatchery fish, 8/24/07

PLF Vows Appeal of Salmon Ruling So That All Fish Get Counted, Pacific Legal Foundation, posted 8/16/07

Appeal takes hatchery/wild listing debate to ninth circuit, posted 8/4/07 Columbia Basin Bulletin

Guest Opinion: Are salmon really endangered? Sonya D. Jones, Pacific Legal Foundation, and John R. Lott Jr., author of Freedomnomics and senior research scholar at the University of Maryland, Statesman Journal 8/2/07

S. 700: Endangered Species Recovery Act of 2007 http://www.govtrack.us/congress/billtext.xpd?bill=s110-700

Conservation Groups Sue to Protect Rare Salamanders, Center for Biological Diversity 7/6/06

PLF Sues To Challenge ESA Listing of Central California Tiger Salamander--Land Use in the Central Valley and Northern California is at Issue, posted to KBC 5/25/06

Salmon advocates to sue over Oregon Coastal coho, Oregonian 4/17/06, "Groups listed on the notice to sue include the Oregon Natural Resources Council, Pacific Rivers Council, Trout Unlimited, Pacific Coast Federation of Fishermen's Associations, the Native Fish Society, Umpqua Watersheds, the Coast Range Association, and the Institute for Fisheries Resources."

Dredge Miners granted intervention status in litigation between Karuks and DFG, Miners 2/12/06. See Miner Page

Klamath Irrigation District attorneys Nancie and Roger Marzulla filed an appeal motion in the  U. S. Federal Court of Claims on Friday, October 21, 2005.  Filed were a Motion To Certify the Takings Issue for appeal and the supporting memorandum. The United States has 28 days from October 21, 2005 to file its response.  Thank you Barb Hall for submitting this. You'll find links to other Klamath Irrigation District, et al., vs United States of America legal documents on KBB's  You Need to Know - Klamath Irrigators "Taking" Suit in the U. S. Federal Court of Claims. posted to KBC 10/26/05

Water takings suits land in federal claims court, Capital Press 12/2/05

Trollers lose lawsuit but plan to appeal, World Link 9/13/05

Oregon trollers lose court decision--Oregon Trollers Association vs Carlos Guiterez, Yurok and Hoopa Valley Tribes, 9/12/05. Word document go HERE. PDF go HERE
For past article of trollers to Klamath farmers, go HERE
More fishermen stories go HERE.

Ruling in takings case not the end, H&N 9/2/05

September 1 A BLACK DAY IN AMERICA   Judge rejects property claim from (Klamath) irrigators, H&N 9/1/05      "The life expectancy of a lieutenant infantryman was 7 1/2 minutes. I left all my best friends. I survived." Carman was honored to apply to win a Tulelake Homestead for his service in WWII, signed by The President.      Today Judge Allegra has voided his contract signed by the government. He was deeded 2 1/2 feet of irrigation water per year from storage that he paid for.   Previously his land was under 20 feet of water. photo, left, is Dave Carman, WWII veteran was a 1st Lieutenant of the 7th Amphibious Infantry Division in the Aleution Islands. For DEED, go HERE Carman Testimony, go HERE In The United States Court of Federal Claims No. 01-591 L (Filed: August 31, 2005) KLAMATH IRRIGATION DISTRICT, et al.,Plaintiffs, v.THE UNITED STATES, Defendant, PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS, Defendant-Intervenor HERE Judge rejects property claim from (Klamath) irrigators, H&N 9/1/05 Farmers Lose Klamath Water Fight; Judge rejects most of a suit seeking $1 billion from the U.S. for virtually cutting off irrigation to protect fish during a drought, LA Times 9/1/05 Klamath Farmers denied rights to withheld water, Oregonian 9/1/05 Federal judge turns down case by Klamath River water users, the Register Guard 9/1/05 Ruling in takings case not the end, H&N 9/2/05

Judge rejects salmon lawsuit, H&N 8/18/05

State sued over coho, Pioneer Press Liz Bowen posted to KBC 7/18/05.

Karuks lawsuit will stop mining, Pioneer Press posted to KBC 7/1/05

PLF Files Lawsuit to Block Federal Regulation Slashing Fishing Season by More than Half Despite Record Numbers of Salmon, posted 6/5/05.

Fishing groups sue about reduction of salmon season, Statesman Journal posted to KBC 6/5/05.

Do Klamath Irrigators own water deeded to them, in storage paid for by them? Marzulla takings hearing 3/31/05 by KBC

Final order of Judge Armstrong re: dismissal of fish die-off suit by Pacific Coast Federation of Fishermen and Yurok Tribe, pdf file posted 3/17/05.

Grange holds meeting with Pacific Legal, Lee Bergeron, followed by notes by Barb Hall, KBB 3/2/05.

Judge allows salmon fishermen to intervene in irrigators' lawsuit, signonsandiego.com 3/2/05 "U.S. District Judge Francis M. Allegra ruled Monday that the Pacific Coast Federation of Fishermen's Associations had an economic interest in the allocation of water to the Klamath River, because salmon that the fishermen catch spawn there, and fishermen cannot depend on the government to fully represent their point of view." (What Judge Allegra does not say is that 'environmentalist' Eugene attorney Glen Spain of PCFFA represents no Oregon fishermen. KBC)
Fishermen let into takings case, H&N 3/2/05

In Fish vs. Farmer Cases, the Fish Loses Its Edge, NY Times posted to KBC 3/2/05 (Roger J. Marzulla,Washington property rights lawyer representing farmers in the Klamath River basin and Sue Ellen Woolridge,solicitor for the Interior Deptment comment in this article in the NY Times on Feb.22. Important Read. Rob Crawford.)

Judge: Government improperly listed coho, California Farm Bureau Federation 1/20/05. (Since coho should not have been listed, and the National Research Committee said lake level and river flow management was not justified, why is the Bureau of Reclamation still demanding 100,000 acre feet of water to be taken away from Klamath irrigators in 2005? This downsizes our farm economy by 1/3! Why? Why?? KBC)

Judge’s Decision Scores Victory for Klamath Ranchers’ Water Rights 1/18/05 Common-sense management of fish and wildlife prevails. "Oakland, Calif. Judge Saundra Armstrong agreed with motions put forth by the Klamath Water Users Association (KWUA) and the federal government that there was no evidence linking the bureau’s management of water with the die-off."

NEWS RELEASE: Federal Court dismisses tribe's suit to usurp water rights of Klamath Basin farmers,  Pacific Legal Foundation "In the second major court victory for Klamath farmers this week, a federal court yesterday ruled in favor of the Klamath Water Uses Association when it dismissed the case brought by the Yurok Tribe to usurp the water rights of Klamath farmers."

U.S. water pact makes big waves Contra Costa Times 1/18/05 "...Klamath farmers want $100 million for water diverted to protect endangered salmon and suckers..."

Upstream Swim for Salmon Species, Sacramento Union 1/14/05 "A federal judge declared this week that coho salmon have been illegally listed as threatened under the Endangered Species Act. The decision, by Judge Michael Hogan, was hailed by the Pacific Legal Foundations as a victory - saying it reverses a policy that reduced the delivery of irrigation water to protect a species that was never threatened."

NEWS RELEASE: Klamath River Salmon Protections Ruled Illegal! Federal court says endangered species listing of Klamath Coho is bogus, 1/12/05. "Klamath Farmers and Businesses Driven to Bankruptcy for Fish That Should Never Have Been Listed"

Klamath coho listing ruled illegal but protection stays for now, Oregonian 1/11/05

Lawsuit aims to alter Endangered Species Act, Mt Shasta Herald 12/1/04  "The Pacific Legal Foundation has announced it will file a lawsuit intended to challenge provisions of the Endangered Species Act aimed at de-listing numerous species throughout California including salmon on the Klamath River."

Decision to pull protection for bull trout