The 9th District Court of Appeals ruled on Wednesday to cancel a lower court order to release more water from Lopez Lake.
In Nov. 2024, U.S. District Judge Sherilyn Peace Garnett ordered San Luis Obispo County to implement a new water release plan for the Lopez Lake Dam.
A group of nonprofit environmental organizations had sued the County, alleging that its operation of the dam violated the Endangered Species Act by impeding steelhead trout migration, according to a San Luis Obispo County press release.
Garnett's decision favored the environmental groups and meant the County would be required to release hundreds of millions of additional gallons of water from the lake, said county officials.
The County appealed that decision, arguing that the increase could disrupt other protected species, such as California red-legged frogs and tidewater goby. The County also said the new plan could impact the water supply of 50,000 residents.
The appellate court sided with the County in a three-panel decision.
“This rationale, however, collapses where protecting one listed species might jeopardize another—as here. This conflict is not merely between unchecked development and conservation. It is additionally between the interests of multiple protected species,” wrote the Justices.
The 9th Circuit determined that the district court's analysis did not satisfy the standard for a mandatory preliminary injunction.
However, the case will continue in court. The Justices demanded further proceedings where the district court must consider the plan's impact on all affected species.
