Klamath Riverkeeper, Quartz Valley Indian Reservation, Pacific Coast Federation of Fishermen's Associations, Environmental Protection Information Center, Sierra Club, Northcoast Environmental Center, Institute of Fisheries Resources v. California Dept. of Fish & Game
Published: May 21, 2011 | Result Date: Apr. 25, 2011 | Filing Date: Jan. 1, 1900 |Case number: CPF-09-509915 Bench Decision – Plaintiff
Court
San Francisco Superior
Attorneys
Petitioner
Gregory C. Loarie
(Earthjustice)
Daniel J. O'Hanlon
(Kronick, Moskovitz, Tiedemann & Girard)
Respondent
Facts
The California Dept. of Fish and Game ran a program allowing ranchers to divert water from the Shasta and Scott rivers in California in order to grow hay. Under the program, permits were required to divert the river water. Several environmental organizations filed an action challenging the permit program.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that the program violated the California Environmental Quality Act due to the program's impact on endangered coho salmon.
Result
The court ruled that the program violated the California Environmental Quality Act by failing to quantify salmon deaths properly, and was unlawful because the permit process was based on a baseline that reflected existing conditions.
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