Environmental Law Foundation v. State Water Resources Control Board Documents 4-11-14

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Case Attorneys

Jeremy Talcott


Jeremy Talcott joined the Pacific Legal Foundation in 2016. He focuses on property rights, administrative law, and the separation of powers and federalism principles that (ought to) define American government. … ›

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Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

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Case Commentary

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By James S. Burling

Weekly litigation update — August 12, 2017

  • Wheat farming goes on trial Tuesday
  • EPA defends its actions in response brief filed with Sixth Circuit
  • Critical habitat for frogs and a toad challenged
  • Amicus brief filed in Indian “reserved” groundwater dispute
  • Petition for rehearing denied in Utah prairie dog case
  • Pennsylvania school boards may flout the law
  • Siskiyou County appeal on public trust doctrine and groundwater use
  • California Supreme Court denies rehearing in our seawall challenge
  • Procedural win in challenge to state’s failure to review its species listings

Wheat farming goes on trial Tuesday

Image result for sacramento federal courthouse On Tuesday John Duarte goes to trial in this

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By Jeremy Talcott

Should the public trust doctrine be expanded to the use of groundwater?

Thankfully, no party has claimed that groundwater is “navigable”

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou We asked the Court of Appeal to overturn this superior court decision, which expanded public trust considerations to permits issued for the use of groundwater

Adopting the superior court’s rationale could mean that administrative agencies in California would have a “public trust duty” to consider whether any permit issued for a well might have an impact on the

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By Anthony L. Francois

California court of appeal rules for double regulation of water rights

Today the California Court of Appeal issued an adverse ruling in Siskiyou County Farm Bureau v California Department of Fish and Wildlife, in a decision that will likely subject all water rights in California to onerous and duplicative regulation The case is about whether the owner of a water right which has already been approved by the State Water Resources Control Board, or even adjudicated by the state courts, must then seek the permission of the Department of Fish and Wildlife to exercise that right

PLF’s amicus brief on behalf of the California Cattlemen’s Association, and in support of the Siskiyou County Farm Bureau, argued

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