X2 Ninth Circuit briefing completed (for now)
Last week, the Coalition for a Sustainable Delta, Kern County Water Agency, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority, and Westlands Water District filed this reply to the Natural Resources Defense Council’s opposition to the water users’ motion to dismiss NRDC’s appeal of last fall’s delta smelt X2 injunction. If the Ninth Circuit declines to grant the water users’ motion to dismiss, then expect to see further briefing on NRDC’s X2 appeal later this year.
In related litigation news, the United States District Court for the Eastern District of California has approved an agreement between the federal government, California Department of Water Resources, and various water users over water project operations and modifications to certain operational restrictions contained in the 2009 salmonid biological opinion. The agreement governs operations from April 1 through May 31, 2012. Meanwhile, NRDC has appealed the Eastern District’s prior decision that the 2009 salmonid biop is unlawful.
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Shed a (crocodile) tear for Luke Skywalker today, as Mark Hamill’s much ballyhooed Autograph Law is set to be undone and reformed by the same California officials who made the mistake to pass it in the first place. AB 228 has arrived at the Governor’s desk, and in all likelihood will be signed into law any day.
Our new flagship publication, Sword&Scales, offers 16 pages of news and information to bring you up close to the vital work of our legal team. Our ardent defense of the right to own and use private property takes center stage in the inaugural issue. It’s at the core of our mission in the nation’s courts.
On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.
The Daily Journal published my column on California Cannabis Coalition v. City of Upland, recently decided by the California Supreme Court. As the op-ed points out, the ruling undermines Proposition 218’s requirements that all new taxes at the local level need voter approval.