IN RE BAY-DELTA IMPACT REPORT PROCEEDINGS

Nos. C044267, C044577.

34 Cal.Rptr.3d 696 (2005)

In re BAY-DELTA PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT COORDINATED PROCEEDINGS. Don Laub et al., Plaintiffs and Appellants, v. Joseph Graham (Gray) Davis et al., Defendants and Respondents. Regional Council of Rural Counties et al., Plaintiffs and Appellants, v. State of California et al., Defendants and Respondents; Department of Water Resources et al., Real Parties in Interest and Respondents; San Joaquin River Group Authority et al., Interveners and Respondents.

Court of Appeals of California, Third District.

October 7, 2005.


Attorney(s) appearing for the Case

Brenda J. Southwick, Sacramento, and Rebecca Dell Sheehan for Plaintiffs and Appellants Laub, Jacobsen, Sheely and California Farm Bureau Federation.

Gibson, Dunn & Crutcher and Alan Neal Bick, Irvine; Gibson, Dunn & Crutcher and Christopher H. Buckley, Jr., Washington, DC, as pro hac vice, for Plaintiff and Appellant California Farm Bureau Federation.

Nomellini, Grilli & McDaniel, Dante John Nomellini, Sr., Daniel A. McDaniel, Stockton, Dante John Nomellini, Jr.; Thomas M. Zuckerman and John Herrick, Stockton, for Plaintiffs and Appellants Central Delta Water Agency, R.C. Farms, Inc., Zuckerman-Mandeville, Inc., Mussi, and South Delta Water Agency.

Kerr & Wagstaffe, James M. Wagstaffe and Keith K. Fong, San Francisco, for Plaintiff and Appellant Regional Council of Rural Counties.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, Daniel L. Siegel, Danae J. Aitchison, Gordon B. Burns, Virginia A. Cahill, and Peter Southworth, Deputy Attorneys General for Defendants and Respondents State of California, Davis, California Resources Agency, Nichols, California Environmental Protection Agency, Hickox, Department of Water Resources, Hannigan, Wright, CALFED Bay-Delta Program, and Department of Fish and Game.

Heller Ehrman White & McAuliffe, Nicholas W. van Aelstyn, San Francisco, Patricia K. Oliver, and Alissa B. Kolek, Los Angeles, for The Nature Conservancy as Amicus Curiae on behalf of Defendants and Respondents State of California, Davis, California Resources Agency, Nichols, California Environmental Protection Agency, Hickox, Department of Water Resources, Hannigan, Wright, CALFED Bay-Delta Program, and Department of Fish and Game.

Kronick, Moskovitz, Tiedemann & Girard, Clifford W. Schulz, and Eric N. Robinson, Sacramento, for Real Parties in Interest and Respondents State Water Contractors, Kern County Water Agency, and Tulare Lake Basin Water Storage District.

Sonnenschein Nath & Rosenthal and Kevin T. Haroff, San Francisco; Squire, Sanders & Dempsey, Kevin T. Haroff, and Olive Lee Thaler, San Francisco, for Real Party in Interest and Respondent Santa Clara Valley Water District.

Jeffrey Kightlinger, Los Angeles, Linus S. Masouredis, Oakland, and Adam C. Kear for Real Party in Interest and Respondent The Metropolital Water District of Southern California.

Kronick, Moskovitz, Tiedemann & Girard, Daniel J. O'Hanlon, and Jon D. Rubin, Sacramento, for Real Party in Interest and Respondent Westlands Water District.

Somach, Simmons & Dunn, Stuart L. Somach, Andrew M. Hitchings, and Nicholas A. Jacobs, Sacramento, for Real Party in Interest and Respondent Glenn-Colusa Irrigation District.

O'Laughlin & Paris and Tim O'Laughlin, Chico, for Interveners and Respondents.


HULL, J.

In response to concerns over the decline of water quality and the ecology of the San Francisco Bay and the Sacramento-San Joaquin Delta (Delta) and concerns over recurrent shortages of water for beneficial uses, 18 state and federal agencies with management or regulatory responsibility over the Bay-Delta formed CALFED to devise a long-range plan to address those concerns. After many years of study and analysis, including significant public participation,...

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