PLF voices support for solutions to water crisis

Pacific Legal Foundation attorneys represent some of the farmers in San Luis & Delta-Mendota Water Authority v. Jewell who are challenging the Delta smelt biological opinion as an abuse of federal power based on questionable science and shoddy regulatory procedures. … Continue reading

Court to California: Entering Private Land for Water Tunnel Studies Is a Taking

In  the latest development in California’s water wars, the California Court of Appeals issued a significant decision yesterday in Property Reserve, Inc. v. Superior Court, 2014 WL 978309 (Cal Ct. App. 2014). The opinion limits the State’s ability to enter and test private … Continue reading

The Clean Water Act v. the Fourth of July

A Lake Tahoe couple are challenging the biannual fireworks display that takes place every Independence and Labor day at the lake. They’re seeking $75 million dollars in fines, but insist that they’re not trying to prevent the non-profit organization that sponsors … Continue reading

2014: the year of the water wars?

California, and much of the west, is experiencing its third consecutive year of drought. And a recent report on the Sierra Nevada snowpack—the source of much of California’s water—found that it is only 20% of its average depth at this … Continue reading

What does it mean to have a “right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment”?

The Pennsylvania Supreme Court recently had to address that question to determine whether the state’s law encouraging oil and gas drilling violated the state constitution’s “Environmental Rights Amendment.” That amendment declares: The people have a right to clean air, pure … Continue reading

Wall Street Journal explains the Endangered Species Act’s continuing threat to California water

An editorial in the Wall Street Journal explains the problem that the Endangered Species Act poses for providing water from the Sacramento-San Joaquin Delta to the valley and southern California. The U.S. Bureau of Reclamation this spring cut water deliveries … Continue reading

California department of fish and wildlife backs off on limiting water diversions, for now

Last December we reported on a court victory for the Siskiyou County Farm Bureau, in which the court ordered the Department of Fish and GameWildlife not to use its streambed alteration permits to regulate water diversions under valid water rights.  While … Continue reading

PLF asks Supreme Court to protect western water rights

Last week, PLF attorneys filed an amicus brief with the U.S. Supreme Court in support of the estates of Nevada ranchers, E. Wayne and Jane Hage. The Hages, and their children, have been fighting for over twenty years to preserve … Continue reading

California supreme court to decide whether fish and game commission should correct mistakes

In December we reported on a California appellate court decision which says that when the California Fish & Game Commission erroneously lists a species under the California Endangered Species Act (CESA), it cannot correct the mistake.  The case arises out … Continue reading