Legal Opinion

Envtl. Law Found. v. State Water Res. Control Bd.

California Court of Appeal, 5th District

Decided August 29, 2018No. C083239PublishedCited by 16 opinions

1Opinion of the CourtRaye, P. J.

This appeal presents two important questions involving the application of the public trust doctrine to groundwater extraction-whether the doctrine has ever applied to groundwater and, if so, whether the 2014 Sustainable Groundwater Management Act (SGMA) abrogated whatever application it might have had, replacing it with statutory rules fashioned by the Legislature. We are invited to opine on these questions in the absence of a specific and concrete allegation that any action or forbearance to act by the State Water Resources Control Board (Board) or permit issued by County of Siskiyou…

2Cases cited25 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. Saelzler v. Advanced Group 400California Supreme Court · 2001
  3. City of Long Beach v. MansellCalifornia Supreme Court · 1970
  4. Sonic-Calabasas A, Inc. v. MorenoCalifornia Supreme Court · 2013
  5. National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983

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3Cited by16 opinions

  1. Williams Alaska Petroleum, Inc. and The Williams Companies, Inc. v. State of Alaska, Flint Hills Resources Alaska, LLC, and Flint Hills Resources, LLCAlaska Supreme Court · 2023
  2. Asiryan v. Med. Staff of Glendale Adventist Med. CenterCalifornia Court of Appeal · 2024
  3. Dummer v. San Francisco Public Utilities Com. CA1/3California Court of Appeal · 2021
  4. Iowa Citizens For Community Improvement, and Food & Water Watch v. State of Iowa Department of Natural Resources Bruce Trautman, In His Official Capacity as Acting Director of the Department of Natural Resources Environmental Protection Commission Mary Boote, Nancy Couser, Lisa Gochenour, Rebecca Guinn, Howard HillSupreme Court of Iowa · 2021
  5. Iowa Citizens For Community Improvement, and Food & Water Watch v. State of Iowa Department of Natural Resources Bruce Trautman, In His Official Capacity as Acting Director of the Department of Natural Resources Environmental Protection Commission Mary Boote, Nancy Couser, Lisa Gochenour, Rebecca Guinn, Howard HillSupreme Court of Iowa · 2021

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