After the United States Supreme Court unanimously adopted BB&K's position and allowed our clients to bring suit challenging regulatory actions issued under the federal Endangered Species Act, BB&K obtained a decision overturning portions of the Biological Opinions issued for the Klamath Project operations.

The District Court found that the United States Fish and Wildlife Service abused its discretion in issuing the Biological Opinion and imposing regulation on water use in the Klamath Basin absent any evidence in the record that the proposed action reduced the numbers or restricted the range of the protected fish.