The Eastern District Court has issued it’s decision denying the request for a Temporary Restraining Order against the Bureau of Reclamation, thereby allowing the water to from Trinity Reservoir to the Lower Klamath River for the aid of salmon.
From the Court’s conclusion:
(Note: In the court docs, FAR = Flow Augmentation Release)
“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.”
Read the full court order here: 15-1290Doc45DenyingTRO
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