Center for Biological Diversity v. Bureau of Reclamation — Ninth Circuit upholds WIIN Act contract conversions without separate NEPA or ESA review

Case
Center for Biological Diversity v. United States Bureau of Reclamation
Court
U.S. Court of Appeals for the Ninth Circuit
Judge
Kim McLane Wardlaw (Bill Clinton, 1998); Daniel A. Bress (Donald Trump, 2019); Gabriel P. Sanchez (Joe Biden, 2022)
Date Decided
October 28, 2026
Docket No.
25-5137
Topics
Environmental law; NEPA; Endangered Species Act; water contracts
Source
Read the full opinion

Background

The Water Infrastructure Improvements for the Nation Act permits Central Valley Project water-service contractors to convert their contracts into repayment contracts and prepay construction costs. Between 2020 and 2021, the Bureau of Reclamation converted 67 contracts. The conversions retained the existing delivery terms, including water quantities and purposes, while changing the payment structure and making the repayment contracts indefinite so long as applicable charges are paid.

Center for Biological Diversity, Restore the Delta, and Planning and Conservation League sued under the Administrative Procedure Act. They alleged that Reclamation had to conduct contract-specific review under the National Environmental Policy Act and consult under Section 7 of the Endangered Species Act before converting the contracts. The district court granted summary judgment to Reclamation and the joined water-district contractors.

The Court’s Holding

The Ninth Circuit affirmed. Section 4011(a) of the WIIN Act makes conversion mandatory when a qualifying contractor requests it and permits Reclamation to negotiate only payment-related terms. The statute also directs that converted contracts may not modify other water-service contractual rights, such as water-delivery rights.

Because Reclamation lacks discretion during the conversion process to consider environmental effects or alter contract terms to benefit protected species, the conversions are nondiscretionary. NEPA therefore did not require contract-specific environmental review, and the ESA did not require consultation. The court held that this interpretation does not conflict with the WIIN Act’s savings clauses.

Key Takeaways

  • WIIN Act Section 4011(a) requires Reclamation to convert qualifying water-service contracts upon request.
  • The Act confines changes in the conversion process to payment-related terms and preserves other contractual water-service rights.
  • The ruling does not remove Central Valley Project operations or resulting water deliveries from systemwide environmental review and biological-opinion requirements.

Why It Matters

The decision distinguishes WIIN Act contract conversions from contract renewals, for which Reclamation may possess discretion requiring environmental review. It confirms that an agency’s NEPA and ESA duties depend on whether the agency can use the particular decision at issue to address environmental effects.

For Central Valley Project contractors, the ruling preserves the statutory prepayment-conversion mechanism. For environmental advocates, it leaves challenges and review related to ongoing project operations, rather than the individual conversion transactions themselves.

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