DELTA STEWARDSHIP COUNCIL: California court dismisses last remaining lawsuit against the state’s Delta Plan

From the Delta Stewardship Council:

The California Court of Appeal has dismissed the remaining appeal challenging the state’s long-term management plan for the Sacramento-San Joaquin Delta, the Delta Plan.

“The Court’s decision affirms the Council’s authority and role,” said Chair Virginia Madueño. “I look forward to building stronger relationships with stakeholders to ensure the long-term sustainability of the Delta.”

The appeal, dismissed on September 1, was filed following a Sacramento County Superior Court decision in favor of the Council filed on November 4, 2022.1 All suits were terminated with strong decisions in favor of the Council’s authority to develop, amend, and implement the Delta Plan.

“After a decade of litigation over the Delta Plan, the Council’s authority to apply its leadership and expertise in managing the Delta is triumphantly clear,” said Executive Officer Jessica R. Pearson. “It’s time to set past differences aside and work together with a sense of urgency to ensure a resilient future for the Delta that benefits all Californians.”

Last fall, the Superior Court dismissed four lawsuits brought by 17 parties, contesting the validity of recent amendments to the Delta Plan and the programmatic environmental impact report. In a detailed 36-page decision, the Court examined relevant parts of the Delta Plan and rejected the numerous claims attacking its validity. This follows a 2020 published Court of Appeal decision vindicating the Delta Plan and upholding the Council’s regulatory authority.

For more information, contact media@deltacouncil.ca.gov.

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