Environmental & Energy,
California Courts of Appeal
Sep. 18, 2018
Appellate ruling extends public trust doctrine to groundwater
It is not surprising that the 3rd District extended public trust protections to groundwater through the "tributaries" approach applied in prior cases.
Christian Marsh
Partner
Downey Brand LLP
Email: cmarsh@downeybrand.com
Christian focuses his practice on regulatory and land use entitlements governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, and mining and waterfront projects, as well as related trial and appellate litigation in state and federal courts.
The 3rd District Court of Appeal recently published its opinion in Environmental Law Foundation v. State Water Resources Control Board, 2018 DJDAR 8805 (Aug. 29, 2018), a case involving a challenge to Siskiyou County's issuance of well permits in the vicinity of the Scott River, a navigable waterway, under the common law public trust doctrine. While the opinion professes to be "extraordinarily narrow," its implications are broad. For the fi...
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