The San Luis-Delta Mendota Water Authority has filed a motion to disqualify Felicia Marcus and Tam Doduc from the upcoming Cal Water Fix proceedings on the grounds that they have predetermined a critical issue that will be before them in the Cal Water Fix proceeding.
The motion cites a ruling from the pre-hearing conference:
“In a formal order issued on February 11, 2016, before hearing any evidence on the merits, the Hearing Officers revealed that they have already reached a significant conclusion regarding appropriate Delta flow criteria. In their order, the Hearing Officers conclude: “The appropriate Delta flow criteria will be more stringent than petitioners’ current obligations and may well be more stringent than petitioners’ preferred project.” Hearing Officers’ Ruling on Pre-Hearing Conference Procedural Issues (“February Order”), p 4. The Hearing Officers did not qualify or caveat their conclusion in any way. The February Order reveals they have already decided to impose “more stringent” flow criteria. … “
The motion cites several other groups who have requested the ruling be revised.
Read the full motion here: Amended Motion for Disqualification of Hearing Officers
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