No. 20-15145.

988 F.3d 1194 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. STATE WATER RESOURCES CONTROL BOARD; E. Joaquin Esquivel, Board Chair, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2021.

Attorney(s) appearing for the Case

Kenneth A. Klukowski (argued), John L. Smeltzer , Romney Philpott , Erika Norman , and Daniel Halainen , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Michael Gheleta and Amy Aufdemberge , Attorneys, Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Plaintiff-Appellant.

Dylan Johnson (argued), Deputy Attorney General, Office of the Attorney General, San Diego, California; Mark W. Poole and Tamara T. Zakim , Deputy Attorneys General; Annadel A. Almendras and Michael P. Cayaban , Supervising Deputy Attorneys General; Robert W. Byrne , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Oakland, California; for Defendants-Appellees.

Before: CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JANE A. RESTANI, Judge.


The United States simultaneously brought suits in the United States District Court for the Eastern District of California and the Superior Court of the State of California for the County of Sacramento. The United States pleaded three identical causes of action under California state administrative law in...

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