Paul Weiland Discusses ESA Win for San Luis Obispo County

Paul Weiland was quoted in the Law360 article “9th Circ. Says Species’ Competing Interests Impact ESA Cases,” (subscription required) which highlighted Nossaman’s Ninth Circuit win for San Luis Obispo County in an ESA fight that impacted the County’s drinking water supply.

As Law360 reported, a three-judge panel overseeing the case unanimously ruled to vacate a California federal court’s mandatory preliminary injunction that compelled San Luis Obispo County to “undertake a variety of actions at the Lopez Dam and Reservoir, including releasing water depending on certain thresholds and installing fish screens, to protect the South-Central California Coast steelhead trout, which is listed as threatened under the ESA.” The court opined that while the trout living in Arroyo Grande Creek, downstream from the Lopez dam, would benefit, two other ESA-listed species would not: the tidewater goby, which is listed as endangered, and the California red-legged frog, which is listed as threatened.

The matter—San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo—was initiated when the County was sued in federal court by four environmental groups, alleging that the County’s operation of Lopez Dam and Reservoir and other public works in the Arroyo Grande Creek watershed violate ESA and various state law requirements. Plaintiffs moved for a mandatory preliminary injunction to require the County to change how it operates the dam and reservoir by increasing water releases and to take numerous other steps that plaintiffs contended would benefit steelhead in Arroyo Grande Creek.

Commenting on the win, Paul said, “The county is pleased that the Ninth Circuit recognized that the bar to obtain a mandatory injunction is high and was not met by plaintiffs in this case, and the county looks forward to continuing to work with the federal wildlife agencies to comply with applicable requirements while protecting critical local water supplies.”

News of the ruling was also reported by Metropolitan News, the Daily Journal, the San Luis Obispo Tribune, Cal Coast News and KSBY.

In addition to Paul, Ben Rubin and Brian Ferrasci-O’Malley were on the Nossaman team representing San Luis Obispo County.