Press release from attorneys Osha Meserve, Roger Moore, and Thomas Keeling:
Today, the Sacramento County Superior Court enjoined geotechnical investigations that the California Department of Water Resources (DWR) contends are essential to, and an integral part of, the controversial Delta Tunnel project, known as the Delta Conveyance Project (DCP). The investigations would have included thousands of borings and other invasive tests throughout much of the Delta, trenching, installation of monitoring devices, test pits and related staging activities, much of it on private property.
The injunction was requested by Petitioners alleging that the DCP approvals violate the 2009 Delta Reform Act and other California laws enacted to protect the Sacramento-San Joaquin Delta. The Petitioners include public agencies, tribal organizations, and non-governmental environmental and fisheries groups. Judge Stephen Acquisto agreed with the Petitioners that: (1) the DCP is a “covered action” under the Delta Reform Act; (2) DWR’s geotechnical activities are an integral part of the DCP – not something separate from the DCP; (3) the Delta Reform Act requires submission to the Delta Stewardship Council of a “consistency certification” prior to implementation of a “covered action”; and (4) DWR failed to seek and obtain that consistency certification prior to commencing the geotechnical investigations.
The consistency certification DWR failed to seek and submit, if issued, would have needed to certify that the DCP is consistent with the Delta Reform Act’s co-equal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. Had DWR obtained and submitted the required consistency certification, members of the public would have had an opportunity to challenge that certification before the Delta Stewardship Council.
Agreeing with Petitioners, the Court ruled that DWR “is . . . enjoined from undertaking the geotechnical work . . . prior to completion of the certification procedure that the Delta Reform Act requires.”
Attorneys Osha Meserve, Roger Moore, and Thomas Keeling – who represent the Counties of San Joaquin, Contra Costa, Yolo, and Solano, among other agencies – explained: “This failure is of DWR’s own making. DWR’s attempt to avoid the requirements of the Delta Reform Act is yet another example of how DWR has cut corners in its rush to foist the Governor’s environmentally destructive, legally deficient, and economically untenable project upon Californians. Plainly, the Tunnel project is very far from being ready for prime time – in fact, it will likely never be ready.”
24.06.20 Ruling on Motions for Preliminary Injunction
