9th Circuit: Agency Didn’t Violate Law Through Pact With Rights Holders

(September 24, 2015, 12:12 PM EDT) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Sept. 17 said the federal government did not act in an arbitrary and capricious way when it entered into a memorandum of understanding with other water rights holders in Southern Nevada implementing water conservation measures in advance of a groundwater pump test to ensure the survival of an endangered fish (Center for Biological Diversity v. U.S. Fish & Wildlife Service, et al., No. 12-17530, 9th Cir.; 2015 U.S. App. LEXIS 16558)....