Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

August 22, 2026

Ninth Circuit Confirms Reclamation Could Convert Water Service Contracts to Repayment Contracts Without Environmental Review

On August 17, 2026, the Ninth Circuit Court of Appeals affirmed the District Court ruling that the United States Bureau of Reclamation (Reclamation) did not need to undertake National Environmental Policy Act (NEPA) review or Endangered Species Act (ESA) consultation before it converted Central Valley Project (CVP) water service contracts to repayment contracts pursuant to the Water Infrastructure Improvements for the Nation (WIIN) Act. Center for Biological Diversity et al. v. United States Bureau of Reclamation, No. 25-5137 (9th Cir. Aug. 17, 2026) … Read More

Written by Aaron A. Ferguson