Delta Water Rights Lawsuits

The Delta Rights Project is a new lawsuit involving the massive pollution of the Gulf of Mexico (Gulf of Mexico) and Mississippi River. This lawsuit involves many parties, all with direct interests in the process of resolving this environmental disaster.

Leading among them are the US Environmental Protection Agency, National Parks, Conservancy, Endangered Species Act, National Marine Fisheries, Gulf Coast States and all the parties to the original complaint, namely, BP, White House, Halliburton, Transcan Systems, White Sea Salt and Mississippi Department of Natural Resources, all of whom have interests that would be directly affected by not addressing the current environmental problem at the soonest possible time.

In addition, these parties have direct interests in helping resolve this case in the best way they can, including through mediation and trial.

On a side note, there also is a new phase that is emerging from this lawsuit.

That is, it is the “custody phase.” In the custody phase, the attorneys for the affected stakeholders will be negotiating the specifics of how to go about restoring Mississippi’s water management plan to its original status. These negotiations will be among the most important and least likely of all the phases; if the damage is extensive and irreversible, no amount of restoration can truly bring back what was lost.

Among the many issues the parties are faced with, include questions as to what would happen to the Mississippi River delta, its ecosystems, wildlife, cultural heritage, Native American tribes and individuals?

Other issues include questions regarding federal jurisdiction over the matter, especially when it comes to the National Parks and the National Marine Fisheries. Also at issue is the San Joaquin river itself, with the long-term impact on the salmon runs in the delta. As more fish species are killed in the delta to make way for more desirable, easier to raise and harvest whitefish for food, the delta will need to restore its natural balance to recover. This is why these two bodies of water are being charged with a special purpose; namely, to preserve the natural habitat of the delta’s fish species, by ensuring their survival.

During the first phase of the restoration program, the parties involved in the suits will be negotiating how to amend the existing Mississippi River delta management plan to achieve the restoration goal.

This phase will deal with altering how the plan is implemented and managed, by modifying the existing conditions of the plan, and the way those changes affect the affected stakeholders. This means that both environmental and economic conditions must be considered during the revision process. There are also concerns with the overall impact to the environment, which will also involve evaluating whether or not the changes are having an adverse environmental effect on the delta. This phase of the lawsuits is the most important and is expected to last the longest.

During the second phase, the environmental and economic conditions affecting the delta will be reviewed.

This evaluation will be an attempt at justifying the necessity for additional measures, as well as an attempt to demonstrate that the changes to the natural resources defense council are justified. The third and final phase of the delta lawsuits brings the cases to a judgment-after all arguments have been made by both parties.

If successful, the plaintiffs’ attorneys will be able to receive their full claim amount.

Additionally, the amount of the claim will vary from each individual case. The San Joaquin restoration flows within California represent a significant amount of water and natural resources that need to be preserved. Therefore, preserving them is imperative. It is important that decisions are made by both parties in order to arrive at a fair decision.

Leave a Reply

Your email address will not be published. Required fields are marked *