UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATURAL RESOURCES DEFENSE No. 21-15163 COUNCIL; SAN FRANCISCO BAYKEEPER; FRIENDS OF THE D.C. No. RIVER; THE BAY INSTITUTE; 1:05-cv-01207- WINNEMEM WINTU TRIBE; DAD-EPG PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, INC., OPINION

Plaintiffs-Appellants,

v. DEBRA HAALAND, in her official capacity as Secretary of the Interior *; MARIA CAMILLE CALIMLIM TOUTON, in her official capacity as Acting Commissioner of the Bureau of Reclamation; MARTHA WILLIAMS, in her official capacity as Acting Director of the U.S. Fish and Wildlife Service; ANDERSON- COTTONWOOD IRRIGATION DISTRICT; CITY OF REDDING; M & T CHICO RANCH, (Pacific Realty * Debra Haaland has been substituted for her predecessor, Scott de la Vega, as Secretary of the Interior under Fed. R. App. P. 43(c)(2). 2 NRDC V. HAALAND

Associates); RECLAMATION DISTRICT NO. 1004; CONAWAY PRESERVATION GROUP; DAVID AND ALICE TE VELDE FAMILY TRUST; KNIGHTS LANDING INVESTORS, LLC; PELGER ROAD 1700, LLC; SUTTER MUTUAL WATER CO.; MERIDIAN FARMS WATER COMPANY; HENRY D. RICHTER; HOWALD FARMS, INC.; OJI BROTHERS FARMS, INC.; OJI FAMILY PARTNERSHIP; CARTER MUTUAL WATER COMPANY; WINDSWEPT LAND AND LIVESTOCK COMPANY; MAXWELL IRRIGATION DISTRICT; TISDALE IRRIGATION AND DRAINAGE COMPANY; BEVERLY F. ANDREOTTI; ARNOLD A. ANDREOTTI; MICHAEL D. ANDREOTTI; MARK C. ANDREOTTI; ABDUL RAUF; TAHMINA RAUF; COELHO FAMILY TRUST; EAGLE FIELD WATER DISTRICT; FRESNO SLOUGH WATER DISTRICT; MERCY SPRINGS WATER DISTRICT; ORO LOMA WATER DISTRICT; TRANQUILLITY IRRIGATION DISTRICT; JAMES IRRIGATION DISTRICT; DEL PUERTO WATER DISTRICT; BANTA-CARBONA IRRIGATION NRDC V. HAALAND 3

DISTRICT; PATTERSON IRRIGATION DISTRICT; WEST STANISLAUS IRRIGATION DISTRICT; WEST SIDE IRRIGATION DISTRICT; BYRON BETHANY IRRIGATION DISTRICT,

Defendants-Appellees, GLENN-COLUSA IRRIGATION DISTRICT; PRINCETON-CODORA- GLENN IRRIGATION DISTRICT; PROVIDENT IRRIGATION DISTRICT; RECLAMATION DISTRICT 108; NATOMAS CENTRAL MUTUAL WATER COMPANY; RIVER GARDEN FARMS COMPANY; PLEASANT GROVE-VERONA MUTUAL WATER COMPANY; PELGER MUTUAL WATER COMPANY; SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT,

Intervenor-Defendants- Appellees.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding 4 NRDC V. HAALAND

Argued and Submitted March 31, 2023 San Francisco, California

Filed May 23, 2024

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and James V. Selna, ** District Judge.

Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge Gould

SUMMARY ***

Environmental Law

In an action brought by the National Resources Defense Council and other environmental interest groups (collectively, “NRDC”) alleging that the Bureau of Reclamation (Reclamation) and the Fish and Wildlife Service (FWS) violated the Administrative Procedure Act (APA) and Endangered Species Act (ESA) by failing to engage in an adequate consultation over whether the renewal of government water supply contracts would likely jeopardize the existence of the delta smelt and by failing to reinitiate consultation with the National Marine Fisheries Service (NMFS) regarding the contracts’ effects on Chinook

The Honorable James V. Selna, United States District Judge for the ** Central District of California, sitting by designation. *** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. NRDC V. HAALAND