ENVIRONMENTAL LAW FOUNDATION v. STATE WATER RESOURCES CONTROL BD.

No. C083239.

26 Cal.App.5th 844 (2018)

ENVIRONMENTAL LAW FOUNDATION et al., Plaintiffs and Respondents, v. STATE WATER RESOURCES CONTROL BOARD, Defendant, Cross-defendant and Respondent; COUNTY OF SISKIYOU, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Third District.

August 29, 2018.


Attorney(s) appearing for the Case

James M. Underwood , Interim County Counsel, Natalie E. Reed , Assistant County Counsel; Best Best & Krieger and Roderick E. Walston for Defendant, Cross-complainant and Appellant.

Downey Brand, Christian L. Marsh , Arielle O. Harris and Austin C. Cho for California State Association of Counties, California Association of Sanitation Agencies and League of California Cities as Amici Curiae on behalf of Defendant, Cross-complainant and Appellant.

Damien M. Schiff and Jeremy Talcott for Pacific Legal Foundation and California Farm Bureau Federation as Amici Curiae on behalf of Defendant, Cross-complainant and Appellant.

Briscoe Ivester & Bazel, John Briscoe and Lauren Bernadett for Association of California Water Agencies as Amicus Curiae on behalf of Defendant, Cross-complainant and Appellant.

James Wheaton and Lowell Chow ; Glen H. Spain ; UC Davis School of Law and Richard M. Frank for Plaintiffs and Respondents.

Xavier Becerra , Attorney General, Robert W. Bryne , Assistant Attorney General, Tracy L. Winsor , Daniel M. Fuchs , Allison E. Goldsmith and Mark W. Poole , Deputy Attorneys General, for Defendant, Cross-defendant and Respondent.


OPINION

This appeal presents two important questions involving the application of the public trust doctrine to groundwater extraction — whether the doctrine has ever applied to groundwater and, if so, whether the 2014 Sustainable Groundwater Management Act...

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