In a split 2-1 decision, the Ninth Circuit today affirmed former Judge Wanger's decision finding that a federal agency's renewal of water contracts neither violates the Endangered Species Act nor illegally threaten the delta smelt in National Resource Defense Council v. Salazar, 09-17661.
The Ninth Circuit also affirmed the denial of a suppression motion in a misdemeanor marijuana case (my case) in U.S. v. Pope, 11-10311.