THIS JUST IN … Sacramento County and others file motions for preliminary injunction against the Delta Conveyance Project

Petitioners say the Delta Conveyance Project must show consistency with the Delta Plan before initiating implementation

Note:  Scroll down for documents filed by San Joaquin County and the San Francisco Baykeeper.

From the County of Sacramento:

Today the County of Sacramento and Sacramento County Water Agency (County and SCWA) filed a motion for preliminary injunction against the State of California to stop  geotechnical drilling and other exploratory activities related to the Delta Conveyance Project (DCP).  The State’s own environmental  documents identify such activities as a component of the DCP and concede the DCP constitutes a “covered action” within the meaning of the Delta Reform Act of 2009 (Act).

The Act, which was enacted to protect and enhance the Delta, requires the State to file a written certification of consistency with the Delta Stewardship Council (Council) prior to initiating implementation of the DCP.  The certification of consistency must be supported with detailed findings as to whether the DCP is consistent with the Delta Plan.  Once the State files the certification of consistency for the DCP, any person may file an appeal with the Council, which would automatically stay implementation of the DCP until resolution of the appeal.

The State has not filed a certification of consistency with the Council, yet it is initiating implementation of the DCP.  The State’s violation of the Act directly undermines the public policy behind the Act, is contrary to the public interest in informed decision-making, and procedurally usurps the public’s right to appeal the determination of consistency and thereby automatically stay implementation of the DCP until the Council has resolved the appeal.  The County and SCWA are accordingly seeking an injunction to preclude the State from undertaking the geotechnical and other exploratory activities until it has filed a certification of consistency with the Council in accordance with the Act.

Similar motions for injunctive relief also were filed in cases challenging the DCP that have been brought by the following parties: City of Stockton, Sacramento Area Sewer District, San Joaquin County, Contra Costa County, Solano County, Yolo County, Local Agencies of the North Delta, San Francisco Baykeeper, Shingle Springs Band of Miwok Indians, California Indian Environmental Alliance, Restore the Delta, Golden State Salmon Association and the Bay Institute.  A total of nine cases have been filed to date challenging the DCP, and it is possible other preliminary injunction motions will be filed in other cases.

The motions will be heard May 31 in Sacramento County Superior Court, Department 36.

Additional documents:

• County and SCWA Memorandum of Points and Authorities
• Declaration of Dante J. Nomellini Jr in support of County of Sac and SCWA Motion for Preliminary Injunction 
• County and SCWA Lacey Declaration
• County and SCWA Proposed Order
• County and SCWA Request for Judicial Notice
• County and SCWA POS Proof of Service

San Joaquin County’s  motion for preliminary injunction

Additional documents:

• San Joaquin County Memorandum of Points and Authorities in support of PI Motion
• Declaration of Thomas H. Keeling in support of Motion for Preliminary Injunction
• SJ County et al Proposed Order re Preliminary Injunction
• San Joaquin County et proof of service re Preliminary Injunction

Baykeeper’s motion for preliminary injunction

Additional documents:

• Harrison Beck Declaration in support of PI Motion
• Ivan Senock Declaration in support of PI Motion
• James Sarmento Declaration in support of PI Motion
• Peete Ramirez Declaration in support of PI Motion
• Scott Artis Declaration in support of PI Motion
• Request for Judicial Notice
• Proposed Order Regarding Petitioners Motion for Preliminary Injunction