SAN LUIS UNIT FOOD PRODUCERS v. U.S.

No. 11-16122.

709 F.3d 798 (2013)

SAN LUIS UNIT FOOD PRODUCERS; El Dorado Farms; Laguna Excelsior Farms, LLC; JLK; Ryan Family Farms LP; Marlu Farms; Simcot Farms; Brad Gleason; Ross Allen; California Pistachio LLC; Double B. Farms; Buster Allen, Inc.; Truk Station LLC; C.S. Stefanopoulos; Elena Stefanopoulos; D.D. Stefanopoulos; Pagona Stefanopoulos; Universal Land Co.; Cort Blackburn; Laura Blackburn; MC Farms LLC; Marty Acquistapace; Curtis Stubblefield, Plaintiffs-Appellants, v. UNITED STATES of America; Department of the Interior; Bureau of Reclamation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2013.


Attorney(s) appearing for the Case

Theodore A. Chester, Jr. , Smiland & Chester, Los Angeles, CA, for Plaintiffs-Appellants.

Peter Krzywicki and Michael T. Gray , United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before: STEPHEN S. TROTT and JOHNNIE B. RAWLINSON, Circuit Judges, and FREDERIC BLOCK, District Judge.


OPINION

TROTT, Circuit Judge:

Today we consider whether farmers and farming entities (collectively, "Farmers") that irrigate their land using water from the San Luis Unit of the Central Valley Project — the nation's largest reclamation project — may maintain a claim under the Administrative Procedure Act ("APA") to compel the United States Bureau of Reclamation ("the Bureau") to provide the Farmers' irrigation districts with more water than...

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