News & Analysis as of

Department of Water Resources Endangered Species Act (ESA)

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ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

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California Announces Lawsuit Over Federal Government's Biological Opinions for Central Valley Project and State Water Project

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On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more

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Fixing Finances: The Department of Water Resources Seeks Validation of Bonds to Fund the California WaterFix Project

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The California Department of Water Resources (“DWR”) filed a validation action on July 21, 2017, in the Sacramento County Superior Court, seeking to confirm the validity of bonds it has authorized to finance the planning and...more

Downey Brand LLP

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

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On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

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CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

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On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

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Challenge to Emergency Drought Salinity Barrier Thrown Out Due to Lack of Proper Notice

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On September 14, 2015, the U.S. District Court for the Eastern District of California granted the state and federal defendants’ motion to dismiss for lack of subject matter jurisdiction. Center for Environmental Science,...more

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District Court Declines to Provide Injunctive Relief for Emergency Drought Salinity Barrier in the California Bay-Delta

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On June 18, 2015, the U.S. District Court for the Eastern District of California denied a motion for a temporary restraining order and preliminary injunction, finding the plaintiff failed to establish that an emergency...more

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Lawsuit Filed Over State Water Board’s Temporary Modification of Water Quality Objectives

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Consistent with Governor Brown’s Drought Proclamation and Executive Orders, the U.S. Bureau of Reclamation (USBR) and the California Department of Water Resources (DWR) sought and obtained a temporary modification of certain...more

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