[env-trinity] Judge O'Neill Denies Injunction, Trinity Supplemental Flows to continue
Tom Stokely
tstokely at att.net
Wed Aug 26 15:49:15 PDT 2015
Attached is Judge O'Neill's order denying a request by the San Luis Delta Mendota Water Authority and Westlands Water District for an temporary restraining order and preliminary injunction against the higher flow releases from Trinity Reservoir.
"IV. CONCLUSION AND ORDER The Court concludes that there is no clear showing of likelihood of success on the merits. Even if Plaintiffs are likely to succeed on the merits of at least one of their claims against Reclamation in connection with the 2015 FARs, the balance of the harms does not warrant an injunction at this time. The potential harm to the Plaintiffs from the potential, but far from certain, loss of added water supply in 2015 or 2016 does not outweigh the potentially catastrophic damage that “more likely than not” will occur to this year’s salmon runs in the absence of the 2015 FARs. There will be those who credit the Court for this decision, and those who will discredit the Court for this decision. Let it be understood by both camps that the Court is obligated to follow the law as it is. That has occurred, regardless of the absence or presence of the popularity of the ruling. Plaintiffs’ TRO/PI Motion is DENIED.IT IS SO ORDERED. Dated: August 26, 2015 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE"
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