Law of the Rio Chama
Publication Date
2011
Document Type
Article
Abstract
The U.S. Bureau of Reclamation operates hundreds of dams in seventeen western states; the storage and release of water at these dams often causes serious environmental impacts. In operating these dams, however, the Bureau has largely been excused from complying with the environmental review requirements of the National Environmental Policy Act (NEPA). This article analyzes relevant NEPA cases involving these Bureau projects, and argues that the Bureau should conduct NEPA reviews for long-term project operations even if they are not legally required. It also describes and critiques District Judge Oliver Wanger's recent decisions applying NEPA to the Bureau's efforts to comply with the Endangered Species Act (ESA) in operating the Central Valley Project. The article concludes that the Bureau should use NEPA as a tool for making long-term decisions on project operations, but that courts should not insist on NEPA compliance that would interfere with efforts to protect endangered species.
Publisher
Journal of Environmental Law
Recommended Citation
Benson, Reed D.. "Environmental Review of Western Water Project Operations: Where NEPA Has Not Applied, Will It Now Protect Farmers From Fish?." (2011). https://digitalrepository.unm.edu/uc_rio_chama/22
