10th Circuit: Army Corps Lacks Discretion To Consult About Water Releases

Mealey's (February 11, 2020, 3:28 PM EST) -- DENVER — A panel of the 10th Circuit U.S. Court of Appeals on Jan. 17 said the U.S. Army Corps of Engineers lacks discretion under federal law to engage in “freestanding consultation” with the U.S. Fish and Wildlife Service (FWS) to release water from dams to help two endangered species (WildEarth Guardians v. U.S. Army Corps of Engineers, et al., No. 18-2153, 10th Cir., 2020 U.S. App. LEXIS 1604)....

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