Natural Resources Defense Council v. McCarthy

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

Re: ECF No. 38

JON S. TIGAR, United States District Judge

Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint. The Court will deny the motion.

1. BACKGROUND

A. Factual History1

This case concerns actions taken by the State of California following Governor Edmund G. Brown, Jr.’s January 17, 2014, Proclamation of a “State of Emergency” throughout California due to severe drought conditions. ECF No. 1-1 at 5.2 In particular, the case focuses on the waters subject to the 1995 San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water…